Case Law Details
Microsoft Technology Licensing Vs Assistant Controller of Patents And Designs (Delhi High Court)
Delhi High Court held that rejection of Microsoft patent application for invention relating to ‘Methods and Systems for authentication of a user for sub-locations of a network location’ solely on the basis of non-patentability under Section 3(k) of the Patent Act, 1970 is unjustified and needs re-examination.
Facts- This appeal is focused on the controversy surrounding the interpretation of the phrase “computer program per se” in the exclusionary Section 3(k) of the Patent Act, 1970.
Microsoft Technology Licensing, LLC filed an Indian Patent Application No. 1373/DEL/2003 on 07th November, 2003 for registration of an invention relating to “METHODS AND SYSTEMS FOR AUTHENTICATION OF A USER FOR SUB-LOCATIONS OF A NETWORK LOCATION” [interchangeably “claimed invention” or “subject patent”]. The Patent Office issued First Examination Report [“FER”] on 27th April, 2016, raising objections relating to : (a) lack of novelty in view of certain cited prior arts, (b) lack of inventive steps in view of cited prior arts, and (c) non-patentable under Section 3(k) of the Act (computer program per se). It was followed by Hearing Notice dated 20th February, 2019, which raised substantive objections on: (a) lack of novelty and inventive step in view of other cited prior arts, (b) non-patentability under Section 3(k) of the Act (algorithm and computer program per se), and (c) lack of clarity and conciseness qua scope of claimed invention under Section 10(4)(c) of the Act.
Conclusion- In conclusion, the Controller’s rejection stems from misinterpretation of Section 3(k) of the Act, and an oversight of technical effect and contribution of the claimed invention, resulting in erroneous determination that the subject patent constitutes “computer program per se”. By focusing solely on the implementation of the invention using computer-executable instructions and algorithms on a general purpose computing device, the Controller has failed to consider the true technical nature and advancements provided by the invention. The claimed invention offers a novel and inventive technical solution to a security problem related to the authentication of users for accessing sub-location(s) within a network location. It not only provides for a two-tier authentication process but also improves user experience, which is vital in the field of computer networks.
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