Intellectual Property India - CRIs

20 Oct, 2015

By FICPI Member Sharad Vadehra

The Indian Patent Office has finalised its Guidelines relating to the Examination of Computer Related Inventions (CRIs). The Guidelines mark a paradigm shift in the thinking of the Indian Patent Office towards patent eligibility of CRIs and is a watered down version of the draft guidelines. There was considerable ambiguity regarding patentability of inventions whose subject matter dealt with the exclusions from patentability as specified in Section 3(k) of the Indian Patents Act, i.e., a mathematical method, business method, computer programme per se or algorithms. The finalised Guidelines clear up the ambiguity to a fair extent.

The article, prepared by Mr. Sharad Vadehra with and for FICPI-INDIA, compares the finalised guidelines relating to examination of CRIs to the practice as followed by the EPO, as reflected in the decisions of the Technical Boards of Appeal of the EPO. The comparison shows that differences between the IPO and the EPO regarding examination of CRIs seems to have been narrowed down with the release of the final Guidelines for the Examination of CRIs by Indian Patent Office.

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