Search Indian IP Case Law
Judgments of the Supreme Court and the High Courts on patents, trade marks, copyright, designs and geographical indications — organised by Act and section, each with a link to the judgment on the court’s website.
5 results
for “Computer Related Inventions”
Ferid Allani v. Union of India & Ors.
Section 3(k) of the Patents Act, 1970 excludes only computer programmes per se from patentability, and not inventions implemented through a computer programme which demonstrate a technical effect or technical contribution to the s…
Computer Related InventionsPatentable Subject MatterSection 3(k)Software PatentPatentsKroll Information Assurance, LLC v. The Controller General of Patents, Designs and Trademarks & Ors.
A computer-related invention overcomes the exclusion under Section 3(k) of the Patents Act, 1970 only where it is shown to produce a specific technical effect or advancement in the functioning of the underlying hardware, going bey…
Claim AmendmentComputer Related InventionsSection 3(k)Software PatentPatentsMicrosoft Technology Licensing, LLC v. The Assistant Controller of Patents and Designs
An invention is not excluded under Section 3(k) merely because it is implemented as an algorithm on a computer; the determinative question is whether the claimed subject matter demonstrates a technical effect or technical contribu…
Computer Related InventionsPatent ProsecutionSection 3(k)Software PatentPatentsOpenTV Inc. v. The Controller of Patents and Designs & Anr.
The exclusion of business methods under Section 3(k) is absolute and unqualified, unlike the per se qualification applicable to computer programmes; the true nature of a claim is determined by its substance rather than its form or…
Business MethodClaim AmendmentComputer Related InventionsSection 3(k)PatentsRaytheon Company v. Controller General of Patents and Designs
Novel hardware is not a prerequisite for the patentability of a computer-related invention under Section 3(k) of the Patents Act; the applicable test is whether the claimed invention involves a technical advancement and provides a…
Computer Related InventionsPatent ProsecutionSection 3(k)Software Patent