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ARTICLE · 27 JANUARY 2020

Computer Programs Patentable If "Technical Effect" Or "Technical Contribution" Demonstrated: Delhi High Court

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Aggrieved by the aforesaid, the Petitioner approached the High Court of Delhi.

IndiaIntellectual Property

In a recent case namely, Ferid Allani v. Union of India & ors., the Hon'ble High Court of Delhi has held that an invention even if based on a computer program demonstrates a "technical effect" or a "technical contribution" is patentable.

Brief Facts:

The present writ petition was filed before the Hon'ble High Court of Delhi against IPAB's (Intellectual Property Appellate Board) order, wherein the IPAB while confirming the order of Patent Office rejected the Petitioner's patent application for "method and device for accessing information sources and services on the web".

The petitioner's application was rejected by the Patent office on the ground that Claims 1-8 is a computer program and does not constitute to be a patentable invention as defined in Sub-section k of Section 3 of Patent Acts 1970 and Claimed invention in Claims 9-14 lacks Novelty as well as Inventive steps.

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