Guidelines for Examination of Computer Related Inventions in abeyance

  • Access to Knowledge

Anubha Sinha

21 December 2015

The CRI Guidelines were heavily criticised for their failure to address the ambiguities created by Section 3(k) and for expanding the scope of software patent eligibile subject-matter, inter alia. Following several representations and submissions by interested stakeholders, the Controller General has moved the Guidelines into abeyance, until discussions with stakeholders are complete and contentious issues are resolved, and is a welcome step.

CIS has consistently made submissions to the Indian Patent Office on the issue of software patenting( 2015, 2013,2010).The latestsubmission was made in September 2015, in response to theGuidelinesfor Examination of Computer Related Inventions, 2015(“CRI Guidelines/ Guidelines”)in which we highlighted several concerns and presented solutions, and also proposed a definition of “computer programme per se”.

In view of the representations made to the Patent Office, on 14th December 2015, the Controller General issued an order to keep the Guidelines in abeyance. Till the issues therein are resolved, the existing provisions on S. 3(k) of chapter 08.03.05.10 of the Manual of Patent Practice and Procedure will continue to be applicable.

The primary fault with the Guidelines lay in the fact that, legally, its scope of was in excess of section3(k) of the Indian Patent’s Act, 1970 (parent statute). The Controller General’s order acknowledging the representations and submissions made in response to the Guidelines, and consequently keeping the Guidelines in abeyance is a welcome step.

You may access the order here.

Related Events

Sorted By Date

Telecom

Judicial Trends: How Courts Applied the Proportionality Test

This is the second in a series of essays aimed at studying the different ways in which apex courts have evaluated national biometric digital ID programs of their countries.

Event

23 March 2024
Read more

Access to Knowledge

Information Disorders & their Regulation

The Indian media and digital sphere, perhaps a crude reflection of the socio-economic realities of the Indian political landscape, presents a unique and challenging setting for studying information disorders.

Event

5 MB
Read more

Digital Cultures

Security of Open Source Software

A Survey of Technical Stakeholders’ Perceptions and Actions

Event

2.5 MB
Read more

Access to Knowledge

Global Accessibility Awareness Day 2017

The Centre for Internet & Society along with Prakat Solutions and Mitra Jyothi is co-hosting the Global Accessibility Awareness Day in Bengaluru on May 18, 2017.

Event

18 May 2017
Read more