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PatentPartly Allowed 30 July 2024

AB Initio Technology LLC v. Assistant Controller of Patents And Designs

2024:DHC:5708

Court
Delhi High Court
Bench
Anish Dayal
Outcome
Partly Allowed
Date of judgment
30/7/2024

Statutory provisions

Section 3(k), Patents Act 1970 — Non-patentability of computer programs and algorithmsSection 16, Patents Act 1970 — Power of Controller to make orders respecting division of applicationsSection 2(1)(ja), Patents Act 1970 — Definition of inventive step

Key issue

Can a computer-implemented method for data processing and its associated system be patented under Section 3(k) of the Patents Act, 1970, if it demonstrates a "technical effect" beyond being a mere computer program or algorithm?

Summary

This case involves appeals against the rejection of two patent applications related to data processing methods. The Controller of Patents rejected the applications primarily because the inventions were considered computer programs or algorithms, which are not patentable under Section 3(k) of the Patents Act. The appellant argued that the invention provided a "technical effect" by improving processing speed and efficiency. The court found that the claimed invention, when combined with dedicated hardware, does indeed produce a technical effect beyond just a computer program, making it eligible for patentability under Section 3(k). The court thus allowed the appeals partially, vacating the initial rejections and remanding the matter for a fresh assessment of inventive step. Result: Rejection of patent applications under Sections 3(k) and 16(1) set aside; matter remanded to the Patent Office for reconsideration of inventive step.

Tags

#computer related invention#software patent#technical effect#Section 3(k)#divisional application#inventive step
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