IP Case Digest · Patents

Microsoft Corporation (now Microsoft Technology Licensing, LLC) v. The Assistant Controller of Patents and Designs, C.A.(COMM.IPD-PAT) 106/2022

Case number
C.A.(COMM.IPD-PAT) 106/2022
Date of judgment
Judge
Sanjeev Narula
Outcome
Remanded

Headnote

Allowed and remanded for de novo consideration. A rejection recording only that "the inventive concept lies in algorithm steps, merely receiving encoded data" was held untenable. The court's objection was not to the choice of words but to the imprecise and generic methodology: where claims define a method of decoding encoded video by reference to steps and physical features such as a decoder and buffer, the Controller must identify what precisely is objectionable in that claim language. Patentability under section 3(k) is to be assessed for the presence of technical effect or technical contribution following Ferid Allani.

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Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.