Formulating CRI guidelines key to improving software patent review: Experts

Mint

25-05-2025

New Delhi, May 25 (PTI) The formulation of guidelines for examining computer-related inventions (CRIs) would help strengthen the patent examination framework for software and digital innovations, according to experts.
As India positions itself as a global technology hub, these guidelines would also address the complexities of patenting CRIs while aligning with judicial precedents and the demands of emerging technologies like Artificial Intelligence (AI), quantum computing, and blockchain computing, they said.
CRIs comprise inventions, involving the use of computers, computer networks or other programmable apparatus and techniques related thereto and include such inventions having one or more features of which are realised wholly or partially by means of a computer hardware/software.
The Office of the Controller General of Patents, Designs and Trademarks (CGPDTM) issued the draft guidelines for the examination of CRIs on March 25 this year.
"This is a welcome move, as it signals India's intent to foster innovation in high-growth sectors while ensuring that speculative or abstract concepts do not clog the patent system," KAnalysis Partner Amit Singh said.
The significance of these rules grows as recent developments in the field of information and communication technology and computer science, such as advancements in artificial intelligence (AI), blockchain technology, quantum computing, cloud computing and the Internet of Things (IoT), are rapidly transforming industries and reshaping innovation.
These technologies often involve complex algorithms, data processing techniques, and hardware-software integrations.
This rapid pace of innovation brings a need to develop a complementary regulatory system for patent examination, the draft guidelines said, adding that creators of knowledge in the domain of CRIs have consistently endeavoured for appropriate protection of their patent rights.
The objective of these rules is to bring out clarity in terms of exclusions expected under Section 3(k) so that eligible applications of patents relating to CRIs can be examined efficiently and effectively.
Section 3(k) of the Indian Patents Act, 1970, excludes certain inventions from patentability. It included a mathematical or business method or a computer programme per se or algorithms.
These draft guidelines "mark a significant milestone in refining the patent examination framework for software and digital innovations", Singh said.
He said Section 3 has long posed a challenge by excluding 'computer programmes per se from patentability, creating ambiguity for both inventors and examiners.
"The 2025 draft guidelines represent a progressive shift by incorporating judicial interpretations, notably from cases like Ferid Allani v Union of India, decided by the Delhi High Court on December 12, 2019, which emphasise that inventions demonstrating a "technical effect" or "technical contribution" are patentable, even if they involve computer programs or software," Singh added.
He said that these guidelines also introduce a refined five-step inventive step test to ensure that CRIs offer genuine technical advancements over routine computational methods.
However, challenges remain, he said, adding that guidelines, though comprehensive, are not legally binding, which may lead to inconsistent application by examiners or patent attorneys.
"The absence of illustrative examples, unlike earlier iterations, could leave room for subjective interpretation, potentially affecting uniformity in patent grants," Singh added.
Another expert said that formulation of these guidelines is key at a time when usage of new technologies like AI is increasing at a rapid pace.