Rejection of patent application on sole base of non-patentability u/s 3(k) is unjustified

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. Micros...