Patentability Of Computer Related Inventions – Court's Inconsistent Approach Underscores Complexity But Creates Uncertainty

The Delhi High Court, in two of its recent decisions, while adjudicating appeals against the rejection of the Appellant's (Blackberry Limited) patent applications, demonstrated disparate approaches of assessing patentability of computer related inventions (CRIs) under Section 3(k) of the Patents Act, 1970 ('Act'). Notably, both judgments were delivered by the same Single Judge Bench of the Delhi High Court on the same day.

In the first case, Blackberry Limited v. Assistant Controller of Patents and Designs [C.A. (COMM.IPD-PAT) 229/2022]¹, the Court, in a judgment dated 30 August 2024 (reserved on 16 April 2024), dismissed the appeal, thereby upholding the rejection of Appellant's patent application titled 'Administration of Wireless Systems' bearing Application Number 1762/DEL/2008. In this case, the Court applied a narrow approach, focusing on whether the technical contribution lies merely in algorithmic processes, concluding that the invention fell under the