01 January 0001

IPR Amicus: May 2016


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.


Ratio Decidendi

  • Non-receipt of consideration for assignment of trademark not relevant when assignment duly registered with trademark office – Delhi High Court
  • Phonetic similarity alone not sufficient to claim infringement – Bombay High Court
  • Arbitration of copyright issues is permissible – Bombay High Court
  • Presentation of additional documents, not produced at time of filing suit – Delhi High Court rejects plea


Statutory Updates

  • India announces National IPR Policy
  • Patent Rules amended - Patent (Amendment) Rules, 2016 issued
  • Biological Diversity Act - 385 items including grains, vegetables and ornamental flowers notified under commodity exception


News Nuggets

  • Tobacco products & packaging – CJEU upholds EU directive on tobacco products with focus on public health


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

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