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Time of India
26-05-2025
- Business
- Time of India
Formulating CRI guidelines key to improving software patent review: Experts
New Delhi: 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.
Time of India
26-05-2025
- Business
- Time of India
Formulating CRI guidelines key to improving software patent review: Experts
New Delhi: 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.
Mint
25-05-2025
- Business
- Mint
Formulating CRI guidelines key to improving software patent review: Experts
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.
Time of India
22-05-2025
- Business
- Time of India
Morality can't determine patent decision without tech proof: HC
1 2 3 4 Kolkata: Without considering any independent scientific or technical evidence, morality could not be the basis for denying a patent, the Calcutta High Court held as it asked the Controller of Patents, Designs and Trademarks to reconsider the patent application of an invention by ITC Limited. "The interaction of patent laws and ethics is an uncomfortable relationship and has always produced difficulties. In such circumstances, Section 3(b) (of the Patents Act, 1970) ought not to be interpreted to deal with all subjective concerns of morality, public order or health, regardless of any scientific or technical evidence or any cogent reasoning," Justice Ravi Krishan Kapur said. On Aug 21, 2024, the application for a patent of an invention, titled 'A heater assembly to generate aerosol', filed by the company, was rejected by the controller on the grounds that the invention caused serious prejudice to human life, health, public order and morality. The company's counsel contended the finding that the invention was contrary to "public order and morality" was cryptic and completely bereft of reasons. "With the increasing demand for handheld aerosol-generative devices, which are able to deliver aerosol for user inhalation, the invention was designed to provide a uniform heat distribution system throughout the aerosol-forming substrate present with an aerosol-generating article," the company submitted in court. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like [Click Here] - 2025 Top Trending Search - Local network access Esseps Learn More Undo T he counsel for the controller submitted that the order was adequately reasoned and was in conformity with The Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage, and Advertisement) Act, 2019. But the judge noted that the Act dealt with the sales, manufacture, import and export and not with the grant or non-grant of a patent for an invention. Justice Kapur noted in the judgment on May 20: "The controller has fundamentally erred in his understanding of the invention. Though the invention works on substrates (solid or in liquid form) which may or may not contain tobacco compounds, it is not predicated or limited to the substrate at all. The impugned order erroneously proceeds on the basis that the invention shall exclusively be only used with substrates comprising active tobacco compounds and thus cause prejudice to human life and health. " He further held that the controller misjudged not only the role of the patents office but also misinterpreted the subject invention. The matter was remanded back to the controller to take a decision afresh after giving a hearing to all the parties within three months. "The preconceived and subjective notion that all tobacco products cause serious prejudice to human life and health without any reliance on scientific or technical evidence or any other supporting facts is unsustainable," the judge observed.
Time of India
08-05-2025
- Entertainment
- Time of India
Producers are now in a frenzy to make a film on 'Operation Sindoor', race to register the title begins!
Movies have always drawn inspiration from the country's military history, turning real-life combat into cinematic triumphs. Films like Uri: The Surgical Strike and Shershaah have shown how national security narratives can strike a chord with audiences and dominate the box office. Now, a new operation is poised to join that legacy — Operation Sindoor . Bollywood's Rapid Response for registering 'Operation Sindoor' As details of the strike emerged, Bollywood was quick to take notice. Operation Sindoor 'Operation Sindoor still ongoing': Rajnath Singh at all-party meet Operation Sindoor: Several airports in India closed - check full list Op Sindoor: 3 explosions rock Lahore, flight ops temporarily halted A viral Reddit thread revealed that several production houses are already vying to register the title "Operation Sindoor" with the Ministry of Commerce and Industry. A screenshot from the Controller General of Patents, Designs and Trademarks website shows a growing list of title claims, reflecting a rush to own cinematic rights to this dramatic event. This frenzy mirrors a familiar pattern in Indian cinema — when real-time geopolitical events fuel a race to create reel-time dramas. For the film industry, such stories not only stir patriotic fervor but also present an opportunity for massive commercial success. A Tradition of Patriotism on Screen Bollywood's engagement with the India-Pakistan conflict isn't new. Iconic war films like Border (1997), centered on the Battle of Longewala during the 1971 Indo-Pak war, set the tone for large-scale patriotic cinema. These films have demonstrated that military-themed narratives can blend action, emotion, and national pride — a formula that resonates deeply with Indian audiences.
