Use Of Algorithms And Computer Programmes With Technical Contribution Patentable: Madras High Court Rules

Section 3(k) of the Patents Act, 1970, remains the most disputed matter being taken up by the Courts in India. In the recent case of AB Initio Technology LLC. Trans Union vs Controller Of Patents [(T)CMA(PT) No.58 of 2023], the Madras High Court overturned the refusal of the patent application No. 4693/CHENP/2010 of AB Initio Technology for the invention "Graphic Representations of Data Relationship" by the Patent Office. The respondent Controller's impugned order dated July 13, 2020, rejected the application for lack of novelty and inventive step under Section 2(1)(j) and non-patentability under Section 3(k) of the Patents Act, after which AB initio filed an appeal.

Applicant's Case on Section 3(k)