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July 2016

IPR Amicus: May 2016

Article

Ambiguous standard for examination of CRIs -

The modified guidelines for examination of Computer Related Invention CRIs provide a three-stage test for determining whether a claim falls within the exclusions of Section 3(k) of the Patents Act, 1970. A mathematical method, a business method, an algorithm or a computer program by itself is patent ineligible. If the contribution of the claim lies in a computer program, and the invention is claimed in conjunction with a novel hardware, the application should be examined further to determine patentability of the invention. In instances, where the invention incorporates no novel hardware, it is to be seen if the contribution lies both in the computer program and the hardware. The claim, where a combination of computer program as well as hardware provide a contribution, should be considered patent eligible. However, recent orders issued while examining patent applications indicate presence of a novel hardware as a mandatory condition. It is hoped the revised guidelines setting unambiguous standard for examination of CRIs are issued soon.

 

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May, 2016/Issue-58 May, 2016/Issue-58

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