Tag: Section 3(k)

From Algorithms To AI: Patentability Under The 2025 CRI Draft Guidelines

From Algorithms To AI: Patentability Under The 2025 CRI Draft Guidelines Featured image for From Algorithms To AI: Patentability Under The 2025 CRI Draft Guidelines

The 2025 Draft CRI Guidelines issued by the Indian Patent Office refine the criteria for patentability of Computer Related Inventions (CRIs), emphasizing technical effect, inventive step, sufficiency of disclosure, and proper claim drafting for AI, blockchain, and emerging technologies.

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Evaluation of Technical Advancement and Compliance with CRI Guidelines under Indian Patent Law

Evaluation of Technical Advancement and Compliance with CRI Guidelines under Indian Patent Law Featured image for Evaluation of Technical Advancement and Compliance with CRI Guidelines under Indian Patent Law

The Madras High Court allowed Idemia Identity & Security France’s appeal, setting aside a refusal order under Section 3(k) for a cryptography patent. The Court ruled the order as a non-speaking one and in violation of natural justice. It directed fresh consideration of the matter, emphasizing technical contributions and adherence to CRI and European guidelines.

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Blackberry blacks out in case relating to patentability of algorithmic processes

Blackberry blacks out in case relating to patentability of algorithmic processes Featured image for Blackberry blacks out in case relating to patentability of algorithmic processes

This article analyzes India’s legal stance on the patentability of algorithmic processes under Section 3(k) of the Patents Act, 1970. Focusing on the Delhi High Court’s judgment in Blackberry Limited vs. Assistant Controller of Patents and Designs, the post explores key arguments, legal precedents, and implications for software patents in India.

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Computer Programs with Technical Effect such as enhancing speed and efficiency are patentable, reiterates the Delhi High Court

Computer Programs with Technical Effect such as enhancing speed and efficiency are patentable, reiterates the Delhi High Court Featured image for Computer Programs with Technical Effect such as enhancing speed and efficiency are patentable, reiterates the Delhi High Court

In an appeal decision, the Delhi High Court recently overturned the rejection of two patent applications filed by Ab Initio Technology LLC, concerning data processing...

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Court criticizes Patent Office for using outdated CRI Guidelines

Court criticizes Patent Office for using outdated CRI Guidelines Featured image for Court criticizes Patent Office for using outdated CRI Guidelines

The Madras High Court criticized the Patent Office for using outdated CRI guidelines of 2016 instead of the revised 2017 guidelines in evaluating Microsoft’s patent application. The court emphasized the importance of assessing technical effect or contribution in CRIs without considering hardware.

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A Deep Dive into Section 3(k) Analysis of Ericsson’s Eight Patents – Ericsson vs. Lava – Part VII

A Deep Dive into Section 3(k) Analysis of Ericsson’s Eight Patents – Ericsson vs. Lava – Part VII Featured image for A Deep Dive into Section 3(k) Analysis of Ericsson’s Eight Patents – Ericsson vs. Lava – Part VII

This post analyzes an Indian court case between Ericsson and Lava focusing on Section 3(k) of the Patents Act. This section prohibits patents on mathematical methods, business methods, computer programs, and algorithms. The court evaluated the patentability of eight patents related to mobile communication technologies under Section 3(k).

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Is a system for ‘Selectively Displaying Physical Address’ unpatentable as a business method?

Is a system for ‘Selectively Displaying Physical Address’ unpatentable as a business method? Featured image for Is a system for ‘Selectively Displaying Physical Address’ unpatentable as a business method?

Learn how a system for concealing user addresses in online transactions was deemed patentable, distinguishing it from excluded “business methods.” Gain insights for navigating patent applications in the digital age.

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Refusal of Patent for “Image Construction Apparatus” based on Section 3(k) and Inventive Step set aside by the Madras High Court

Refusal of Patent for “Image Construction Apparatus” based on Section 3(k) and Inventive Step set aside by the Madras High Court Featured image for Refusal of Patent for “Image Construction Apparatus” based on Section 3(k) and Inventive Step set aside by the Madras High Court

Madras High Court overturned patent refusal for “Image Construction Apparatus” due to insufficient reasoning from the Controller regarding inventive step and Section 3(k). The Court criticized failure to consider the fact that the European Patent Office (EPO) had granted a patent based on the same prior art references and the disregard to analyze technical aspects per Section 3(k).

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