IPR India – Guidelines for Examination of Computer Related Inventions

Information Technology has gained special significance in the past two decades. It has emerged as a vital tool for scientific development. The term Information Technology encompasses the whole gamut of inputting, storing, retrieving, transmitting and managing data through the use of computers and various other networks, hardware, software, electronics and telecommunication equipments. Industry has witnessed rapid growth due to the computerization of activities which were hitherto carried out manually or mechanically. With the advent of internet and the World Wide Web (www), international boundaries have been shrinking virtually. The core elements in the application of Information Technology are computers and its peripherals. Intellectual Property creators in the domain of Computer Related Inventions (CRIs) have consistently tried for stricter protection. The traditional patent regime has to cope with the challenges of these emerging technologies and has been a subject of international attention in the recent past. The major patent offices across the world are confronted with the issue of patentability of CRIs. They have developed examination guidelines/ manuals for the use of examination divisions in these areas of technologies so as to achieve uniform examination practices.

The aim of this document is to prepare guidelines for the examination of patent applications in the field of CRIs so as to foster uniformity and consistency in the examination of such inventions.The guidelines incorporate various provisions of the patentability of
computer related inventions. It discusses the procedure to be adopted by the examiners while examining such applications and jurisprudence evolved in granting/rejecting Patents in these fields of technology. The document seeks to bring out various examples of the case laws relating to Computer related inventions (CRIs) for better understanding of the issues involved. The document also contains typical examples of the content of the complete specification in respect of description, prior art, statement of claim and related issues.

However, these guidelines do not constitute rule making. In case of any conflict between these guidelines and the provisions of the Patents Act, 1970 and the rules made thereunder, the said provisions of the Act and rules will prevail over these guidelines. The guidelines are subject to revision from time to time based on interpretations by a court of law, statutory amendments and valuable inputs from the stakeholders

Tags: Information technologyIntellectual propertyLawPatentPatent ActPatent applicationServicesWorld Wide Web

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