Revised CRI Guidelines – Ambiguity replaces certainty

The Controller General of Patents, Designs and Trademarks has published the modified Guidelines for Examination of Computer Related Inventions (CRIs) by office order dated 30-6-2017. The revised Guidelines have done away with the three-stage test to determine patentability of CRIs. This section was intended to provide the examiners a clear method to examine patent applications.

SFLC.in at FSMK Camp 2016

Free Software Movement of Karantaka (FSMK) organizes annual week long technical camps for students, with a special emphasis on Free & Open Source Software (FOSS), its significance, benefits, and contribution towards an internet ecosystem that is free (as in Freedom) and accessible to all. SFLC.in was a proud co-organizer of the FSMK Camp, 2016 held from 18th to 24th July, 2016 and had the opportunity to conduct workshops with the young students on the broad themes of privacy, creative commons, and software patents.

Comments on DIPP Discussion Paper on Standard Essential Patents and Their Availability on FRAND Terms

Following a sudden surge in IPR litigation surrounding Standard Essential Patents (SEPs) in the last year, (around eight suits were filed by Swedish multi-national Ericsson alone, another three by Vringo Infrastructure. Read more here) the Department of Industrial Policy and Promotion (DIPP) recently released a "Discussion Paper on Standard Essential Patents and Their Availability on FRAND Terms".

Joint letter to the Department of Commerce expressing concerns over software-patent-friendly clauses in the RCEP

Indian law on patentability of computer programmes is abundantly clear in that Section 3(k) of the Patents Act 1970 explicitly excludes computer programmesper se, mathematical methods and algorithms from patent protection. Moreover the recent Guidelines for Examination of Computer Related Inventions released by the Patent Office on February 19, 2016 ensure that patents are granted only to those inventions where a computer programme is claimed in conjunction with novel hardware. This eliminates the possibility of frivolous patents being granted in the field of software in India.

A quick history of CRI Guidelines in India

On February 19 2016 the Office of Controller General of Patents, Designs and Trade marks (Indian Patent Office or IPO) issued a revised set of Guidelines for Examination of Computer-Related Inventions ('CRI Guidelines)'. The Guidelines come two months after the previous CRI Guidelines, released on 21 August 2015, were put in abeyance following severe criticism from various stakeholders.