Revision Of Patents Computer Related Inventions (CRI) Guidelines

Introduction

The Office of the Controller General of Patents, Designs and Trademarks (CGPDTM) issued new Guidelines on Examination of Computer Related Inventions (CRIs) on 30th June, 2017 replacing the earlier published Guidelines in February 2016. The spotlight of the said Guidelines is the removal of the requirement that computer related invention can only be considered for patentability if the same is claimed in conjunction with a novel hardware. Further, the three step test for patentability determination notified in 2016 Guidelines for CRIs was deleted from these new Guidelines. The changes notified by the IPO on examining the CRIs prescribe that it is important to focus on the underlying substance of the invention and not the particular form in which it is claimed. The following article discusses the new changes incorporated into the revised guidelines in details as well as its impact on innovation in the information technology sector.