IP Case Law › Patents › OpenTV Inc. v. The Controller of Patents and Designs & Anr.
Relevant Acts and provisions
Patents Act, 1970
Section 15Section 3(k)Section 59
Provisions considered: Sections 3(k) and 59 of the Patents Act, 1970, on the business method exclusion and permissible claim amendments.
Brief facts
OpenTV's national phase application for a system and method to provide gift media was refused under Section 15 on the grounds that the claims fell within the business method exclusion under Section 3(k) and that amendments made during prosecution exceeded the permissible scope under Section 59. On appeal, OpenTV sought to recast its method claims as system claims to overcome the business method objection.
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Cases cited
- Nippon A&L Inc. v. The Controller of Patents, 2022 SCC OnLine Del 1909
Authorities referred to in the decision. Please verify each citation in the judgment itself.
Keywords
Business Method Claim Amendment Computer Related Inventions Section 3(k) Section 59
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