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September 2017

IPR Amicus: July 2017

Article

Guidelines for patentability of computer related inventions – Is this the final chapter?

The Patent Office has released another revised version of guidelines for examination of Computer Related Inventions (CRIs). The changes as a result of the recent revision are bound to have a substantial impact as to how the patentability is to be assessed now. The recent revisions have completely removed ‘novel hardware’ requirement, the legal validity of which was questioned particularly in the context of the recent decision of the IPAB. Besides the ‘substance over form’ test, the guidelines provide broad categories of subject matter which would qualify as computer program per se, and hence would not be patentable. Though there is no specific clarity on algorithm, the recent revision has clarified the position in relation to mathematical methods. It is believed that these guidelines will encourage filing of patent application in India in the field of computer-related inventions…

 

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July, 2017/Issue-72 July, 2017/Issue-72

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