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Section 3(k) of the Patent Act – Software or computer program

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The invention pertains to a system and method for identifying specific types of people or specific types of information on a peer-to-peer network.  The system also uses standard computing components such as a processor, memory, storage and conventional software to execute keyword based searches across peer-to-peer network.

The patent application was rejected on the ground that the invention is in the nature of “algorithm” and “computer programme per se”.  

HELD that the invention claimed in the patent application is a mere sequence of instructions stored in hardware without solving any technical problem or offering any technical advancement to the hardware and therefore, the patent application has been rightly refused under Section 3(k) of the Act.

The existing search techniques which are merely software modules are being implemented without any inventive technical effect with respect to the instant invention.   Therefore, the claimed invention is merely a repetition of existing search algorithms and programs for search widely available in technical literature and known to a person skilled in the art;  hence they are mere computer program per se and same is not allowed under section 3K of the Patent Act.

Judgment dated 1.7.2025 of the High Court of Delhi in C.A. (Comm.IPD-PAT) 439/20222 of Kroll Information Assurance LLC  Vs.   The Controller General of Patents, Designs and Trademarks and others

 

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