Indian Patent Office Issues Draft CRI Guidelines 2025 – Version 2.0: Key Additions and Changes

Summary

The Indian Patent Office has released Draft CRI Guidelines 2025 – Version 2.0, along with an illustrative Annexure to clarify the examination of Computer Related Inventions (CRIs). This version includes updated case law, guidance on AI, blockchain, and quantum computing inventions, and categorized examples aligned with Section 3(k) exclusions. The blog highlights structural changes, new legal interpretations, and technical evaluation criteria relevant to patent applicants and practitioners.

On June 29, 2025, the Indian Patent Office published the Draft Guidelines for Examination of Computer-Related Inventions (CRI), 2025, Version 2.0 along with Annexure-I for public consultation. This update follows the earlier draft issued in March 2025 and introduces expanded procedural guidance, additional case law references, and structured illustrative examples aimed at clarifying the application of Section 3(k) of the Indian Patents Act, 1970.

This blog post outlines the key structural and substantive changes introduced in Version 2.0, based on a comparison with the March 2025 draft. You may access the Draft CRI guidelines version 2.0 here and the annexure here.

1. Structural Changes and Additions

A. Expanded Document and length

Version 2.0 consists of 62 pages, compared to 47 pages in the March 2025 draft. An accompanying Annexure I (73 pages) provides a detailed set of non-exhaustive examples under each limb of Section 3(k).

B. Rearranged and renamed sections

A new Section 5 has been introduced: “Examination of Inventions related to Artificial Intelligence (AI), Machine Learning (ML), Deep Learning (DL), Blockchain, Quantum Computing.” The section provides examination procedures specific to these emerging technologies.

2. Updates on Legal Interpretation and Case Law

A. Expanded Jurisprudential References

Version 2.0 includes additional case law references decided between 2019 and 2024. Some of these include:

- - - Ferid Allani v. Union of India (Delhi HC, 2019): Discusses the application of the technical effect and technical contribution tests.
    - Microsoft Technology Licensing LLC v. Controller of Patents and Designs (Madras HC, 2024): Addresses exclusion under the mathematical method limb and clarifies that the presence of a mathematical formula alone does not render a claim unpatentable.
    - Opentv Inc. v. Controller of Patents and Designs (Delhi HC, 2023): Distinguishes Indian law from UK/EPO approaches by emphasizing that business methods are absolutely excluded in India under Section 3(k).
    - Raytheon Company v. Controller General of Patents (Delhi HC, 2023): Clarifies that novel hardware is not a legal requirement for patentability of CRIs.

These case references are integrated into the updated legal analysis in Section 3 of the guidelines.

3. Guidance on Emerging Technologies

Version 2.0 introduces detailed examination guidance on inventions related to:

- - AI / ML / DL
  - Quantum Computing
  - Blockchain Technology

This section discusses the evaluation of such inventions in light of technical contribution, hardware-software integration, and real-world application, while reiterating that Section 3(k) exclusions continue to apply.

4. Illustrative Examples (Annexure I)

Annexure I categorizes examples under:

- - Mathematical Methods
  - Algorithms
  - Business Methods
  - Computer Programs per se

Each example in the annexure follows a structured three-step analysis:

1. 1. Identification of the invention’s objective
  2. Evaluation of whether any excluded subject matter is central to the invention
  3. Determination of whether the excluded subject matter forms part of a larger technical process or solution

The examples span various domains, such as:

- - Audio signal processing
  - Drone navigation
  - Medical imaging
  - POS terminals
  - Financial computations
  - Biometric authentication
  - Server load balancing

The Annexure clarifies whether each example would be excluded under Section 3(k) or considered patent-eligible based on the presence of a technical effect and application.

5. Clarification on Patentability Standards

Version 2.0 reiterates that:

- - The presence of a computer program or mathematical method does not automatically disqualify a claim under Section 3(k).
  - The substance of the claim and the technical contribution must be evaluated holistically.
  - Use of a general-purpose computer must result in a specific and credible technical effect to avoid exclusion.

6. Examination Process

The updated guidelines emphasize that:

- - Patent Examiners must determine the actual contribution of the claimed invention.
  - If the contribution lies solely in excluded subject matter under Section 3(k), the claim is non-patentable.
  - If the contribution includes a technical advancement or real-world technical effect, the claim must be evaluated further under Sections 2(1)(j), 2(1)(ja), and 2(1)(ac) for invention, inventive step, and industrial applicability, respectively.

Conclusion

The Draft CRI Guidelines 2025 – Version 2.0, along with Annexure I, provide a more detailed, example-driven, and technology-specific approach to CRI examination.

Stakeholders and the public are invited to provide their comments and suggestions on the draft guidelines. Feedback can be sent via email to cgoffice.in@gov.in and sukanya.ipo@nic.in with the subject line: “Comments on Revised Draft CRI Guidelines 2025-Version 2.0”.

The last date for submitting comments is 07-07-2025.