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24 Jul 2017 NEW DELHI: The Indian Patent Office published revised guidelines for examination of Computer Related Inventions (CRIs) effective June 30, 2017. The objective of this document is to bring out clarity in terms of exclusions expected under section 3(k) so that eligible applications of patents relating to CRIs can be examined speedily. The latest guidelines remove the novel hardware requirements as laid down previously in para 5.4.5 (page 20) of the guidelines. The test for patent ability of CRI will focus on general requirements of novelty, inventive step and industrial applicability. The specification of CRI must disclose: •Each and every feature of the invention with illustrative drawings (while claiming a product); •Necessary sequence of steps with necessary flowcharts (while claiming a process/method); •Working relationship of different components together with connectivity; •Desired result of the invention. With respect to mathematical methods, certain examples have been added to which the exclusion does not apply. This includes ‘mathematical formula and resulting in systems for encoding, reducing noise in communications/electrical/electronic systems or encrypting/ decrying electronic communications.’ What is important is to judge the substance of claims rather than taking the whole claim together. If any claim in any form falls under the said excluded categories, such a claim would not be patent able. However, if in substance, the claim, taken as whole, does not fall in any of the excluded categories, the patent should not be denied.
For further information, you may contact AGIP India Office at: india@agip.com

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Sunday, 6 August, 2017