Interpretation of section 3(k) of Indian Patent Act |

Interpretation of section 3(k) of Indian Patent Act

According to section 3(k) of Indian Patent Act “a mathematical or business method or computer programs per see or algorithms” are not inventions. A patent application having claims directed to mathematical equation cannot be claimed but if a device or system which works according to some mathematical equation should be a patentable invention. More specifically mathematical equations cannot be patented but if a device or apparatus or system works according to the new mathematical equation or implements the mathematical equation than that apparatus/device should be considered as patentable invention. A patent application having claims directed to business method cannot be claimed i.e if the language of the claim is directed towards claiming a method of online transaction on internet are not inventions, but if a apparatus or system implements a business method than that particular apparatus/system should be considered patentable invention. A patent application having claims directed to software program/algorithm having a bunch of computer instructions cannot be claimed as a invention but if a device/apparatus/system by implementing the software/algorithm is solving a technical problem in the industry than that particular device/apparatus/system is a patentable invention. For example computer readable mediums storing computer programs/data are patentable if the medium has constructional novelty i.e if the data is stored on a computer readable medium in such a way that the management of extraction of data becomes faster as compared to earlier state of art or technology than that particular computer readable medium along with the concerned apparatus for storing and retrieving information is a patentable invention.

By Vipin Kumar, Attorney at Law Firm

Share and Enjoy: