NAVYA NETWORK INC. , 108, TROWBRIDGE STREET, #1 CANBRUDGEM N/A 02138, UNITED STATES OF AMERICA, THROUGH ITS AUTHORIZED REPRESENTATIVE MS. GITIKA SRIVASTAVA Vs. CONTROLLER OF PATENTS & DESIGNS, PATENT OFFICE, IPR BUILDINGS, SIDCO PLOT GST ROAD, GUINDY

JUDGEMENT

(1.) This appeal is directed against the order dtd. 13/3/2023 dismissing Patent Application No.951/CHENP/2013. The said application was filed by the appellant herein for grant of patent for an invention titled "TREATMENT RELATED QUANTITATIVE DECISION ENGINE".

(2.) Upon request by the appellant, the respondent issued a First Examination Report (FER) dtd. 21/11/2019. In the FER, objections were raised inter alia on grounds of lack of novelty, lack of inventive step, exclusion under Sec. 3(k), lack of clarity and conciseness under Sec. 10(5) of the Patents Act, 1970 (the Patents Act). The appellant responded to the FER on 21/8/2020 and submitted amended claims. Pursuant to hearing notice dtd. 13/12/2021, the appellant submitted written submissions on 22/2/2022 by enclosing current claims 1 to 28. These claims were rejected by the order impugned order herein.

(3.) Learned counsel for the appellant submitted that the impugned order erroneously concluded that the appellant's claims relate to an algorithm or computer programme per se or business method in terms of Sec. 3(k) of the Patents Act. By referring to the judgment of the Delhi High Court in Microsoft Technology Licensing v. Assistant Controller of Patents and Designs, 2023 SCC OnLine Del 2772, particularly paragraph 47 thereof, learned counsel contended that claims cannot be rejected solely on the ground that the claims relate to computer executable instructions or algorithms that are performed on a general purpose computing device. He also submitted that the Delhi High Court concluded that if the claims are in respect of a computer programme which results in a technical effect that improves the computer system's functionality and effectiveness, it cannot be rejected as being a computer programme per se.