Summary
The Indian Patent Office has issued new Guidelines for examining Computer Related Inventions, replacing the previous provisions in the MPPP related to section 3k of the Patents Act, 1970. The Guidelines clarify what constitutes patentable subject matter and introduce definitions for previously undefined terms relevant to computer related inventions. They provide practical examples to illustrate what types of claims are considered patentable and which are not. The stance on software patents remains cautious but is now more nuanced, considering (novel) software tied to (novel) hardware and software impacting hardware performance. These changes offer greater clarity to applicants drafting CRI patent applications.
The Indian Patent Office, after extensive consultative process, has issued an Order by which Chapter 08.03.05.10 of the Manual of Patent Office Practice and Procedure (MPPP), containing provisions pertaining to section 3(k) of the Patents Act, 1970, will stand deleted and replaced by the provisions of the new Guidelines, for examination of Computer Related Inventions (CRIs), with immediate effect.
The Guidelines, while outlining the legal provisions related to CRIs, extensively demonstrates what ‘Patentable Subject Matter’ means and what parameters are used by the Office to determine applicability of said subject matter. It goes on to define several terms that have not been defined previously in the Manual or the Act/ Rules, as the case may be. The definitions may be used for reference while drafting applications pertaining to Computer Related Inventions. The Guidelines also illustrates, through examples, what types of claims are considered patentable and what types aren’t. For more information, the Guidelines may be viewed here.
Section 3(k) of the Indian Patents Act, 1970 mainly pertains to –
…a mathematical or business method or a computer programme per se or algorithms;
In other words, one can conclude that the Indian Patent Office has slightly eased its stance on Software related patent applications, bringing to the fore what can be considered patentable, while looking at the invention as a whole. While software per se does not receive any more favour than previously, (novel) hardware; (novel) software tied to (novel) hardware; and (novel) software with a known hardware affecting the functions or performance of the known hardware, are given a more comprehensive look.
Image source/ Attribution- here. Governed by Creative Common License CC BY-SA 2.0