Computer Program Which Makes ‘Technical Contribution' Is Patentable

A recent order passed by the Delhi High Court ("the Court") in the case of Ferid Allani v. Union of India and Ors., proved to be a radical decision on the jurisprudence related to patentability of computer software programs or otherwise known as computer related inventions (CRIs) in India.

The averment was made by Justice Pratibha Singh while dealing with the order passed by IPAB against the petitioner's patent application titled "a method and device for accessing information sources on the web". The Patent Office issued the first examination report for the said invention stating the objections as to lack of novelty and patentability under Section 2(1)(j) and Section 3 (k) of the Act. Subsequently, the next examination report stated that despite the amendments made in the claims by the petitioner, the application was still hit by Section 3(k).