- Case number
- (T)CMA(PT) 207/2023
- Court
- Madras High Court
- 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.
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.