IP Case Digest · Patents

Microsoft Technology Licensing, LLC v. The Assistant Controller of Patents and Designs, (T)CMA(PT) 207/2023

Case number
(T)CMA(PT) 207/2023
Date of judgment
Judge
Senthilkumar Ramamoorthy
Outcome
Remanded

Headnote

A section 3(k) refusal was set aside for applying the discarded novel hardware test: the claims were rejected because the only hardware disclosed was a general purpose processor, memory and computing device, without applying the settled requirement of a specific and credible technical effect beyond ordinary computing. The algorithm ground was taken without any opportunity to respond, and the inventive step finding was an extract of the prior art followed by a conclusion.

Read the judgment (PDF)

Disposition

Set aside and remanded for reconsideration.

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