- Case number
- C.A.(COMM.IPD-PAT) 185/2022
- Court
- Delhi High Court
- Date of judgment
- Judge
- Prathiba M. Singh
- Outcome
- Allowed
Headnote
Refusal under section 3(k) set aside and grant directed. Following Lava International v. Telefonaktiebolaget LM Ericsson, inventions solely directed to algorithms, mathematical methods, business methods or computer programmes per se are not patentable, but an invention that merely incorporates such elements within a method or system and otherwise satisfies the criteria is not inherently non-patentable: where the algorithms are directed at enhancing the functionality of a system or hardware component, that effect is patentable subject matter even though the algorithm itself is not. Implementation on a general-purpose computer that produces a further technical effect improving the system's functionality cannot be refused as a computer programme per se, which is the point of the qualifier introduced in 2002. To escape the exclusion the applicant must show that the overall method and system contribute directly to a specific and credible technical effect beyond mere general computing. Here the claims integrated reversible overlap operators and block transforms into a processor and data storage buffer performing digital media compression, transforming general-purpose hardware into a specialised apparatus capable of efficient and reversible compression.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.