- Case number
- C.A.(COMM.IPD-PAT) 439/2022
- Court
- Delhi High Court
- Date of judgment
- Judge
- Amit Bansal
- Outcome
- Disposed of
Headnote
Appeal dismissed and a refusal under section 3(k) upheld, which makes this a useful counterpoint to the computer-related inventions that have succeeded. The claimed invention merely enabled a keyword search within a peer-to-peer network, which the Court held reflects conventional computer programme behaviour and does not enhance the functionality of the hardware, while the profiling aspect using keyword lists to locate particular types of user or data was abstract and lacked technical character. Claims 1 to 7 were therefore a computer programme per se and claims 8 to 10 algorithms. The Court applied the reasoning in Blackberry, distinguished Lava and Microsoft, and declined to examine the separate objection under section 2(1)(j) having upheld the refusal under section 3(k).
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.