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PatentAllowed 12 November 2024

Comviva Technologies Limited v. Assistant Controller of Patents & Design

C.A.(COMM.IPD-PAT) 492/2022

Court
Delhi High Court
Bench
AMIT BANSAL, J.
Outcome
Allowed
Date of judgment
12/11/2024

Statutory provisions

Section 117A, Patents Act 1970 — AppealsSection 15, Patents Act 1970 — Power of Controller to refuse or require amendments, etc., of applicationsSection 3(k), Patents Act 1970 — What are NOT inventions (specifically, business methods and computer programs 'per se')Section 2(1)(ja), Patents Act 1970 — Inventive step

Key issue

Whether a patent application for a secure electronic payment card authentication method, involving a computer program, is patentable despite being deemed a 'business method' or 'computer program per se' under Section 3(k) of the Patents Act.

Summary

This case involved an appeal against the refusal of a patent application for a method and devices for authenticating electronic payment cards. The Controller had rejected the application, citing that the claims described a 'business method' and 'computer programme per se,' making them non-patentable under Section 3(k) of the Patents Act. The High Court found that the invention, despite its components, primarily enhanced security for transactions rather than defining a business method or being solely a computer program. The court concluded the invention offered a technical solution to a technical problem in contactless payments. Therefore, the High Court overturned the Controller's decision and ordered the grant of the patent. Result: The appeal was allowed; the Controller's refusal order was set aside and the Patent Office was directed to grant the patent for the subject application.

Tags

#patentability#Section 3(k)#business method#technical effect
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