IP Case Digest · Patents

Microsoft Technology Licensing, LLC v. Assistant Controller of Patents and Designs, (T)CMA(PT) 175/2023

Case number
(T)CMA(PT) 175/2023
Date of judgment
Outcome
Remanded

Headnote

The Patent Office missed the signposts and travelled backward in time, relying on what the 2016 Guidelines provided although the order referred to the 2017 Guidelines. The test is whether the computer related invention involves a technical effect or a technical contribution, independently of any hardware. The order's complaint that the programs had no further technical effect going beyond the normal interactions between the program and general purpose hardware was the discarded standard in another form.

Read the judgment (PDF)

Disposition

Allowed. Impugned order set aside and the matter remanded for de novo consideration.

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