IP Case Digest · Patents

Microsoft Technology Licensing, LLC v. The Assistant Controller of Patents and Designs

Date of judgment
Judge
Sanjeev Narula
Outcome
Allowed

Headnote

Appeal allowed, the refusal under section 3(k) set aside and the application remanded for examination on novelty and inventive step. An invention is not a computer programme per se merely because it is implemented as algorithms and computer-executable instructions on a general purpose computing device. What matters is whether it delivers a technical effect or contribution. The claimed two-cookie authentication, one for the network location and another for the sub-location, improved security against cookie theft and so cleared section 3(k). The Patent Office's argument that the invention was at user-interface level was rejected both because it did not appear in the impugned order and because the technical contribution went deeper than the interface. The judgment closes with a postscript urging the Patent Office to assess computer related inventions on technical advancement rather than on the presence of algorithms.

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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.