We read New Guidelines for Examination of Computer-Related Inventions (CRIs), so you don't have to!

Unlocking Innovation: New Patent Guidelines for Computer-Related Inventions in India

At PatentAssist, we know how crucial it is to protect your cutting-edge innovations, especially in the fast-paced world of technology. The digital landscape is constantly evolving, driven by amazing advancements in Artificial Intelligence (AI), Machine Learning (ML), Deep Learning (DL), Blockchain, Quantum Computing, and the Internet of Things (IoT). These technologies are not just transforming industries; they're creating a surge in new ideas, leading to more and more patent applications.

To keep up with this rapid innovation and ensure consistency in evaluating these groundbreaking ideas, the Indian Patent Office has released New guidelines for Computer Related Inventions (CRIs). This is big news for creators and businesses in the tech space!

Let's break down what these new guidelines mean for you and how you can best position your innovations for patent protection.

What Exactly Are Computer-Related Inventions (CRIs)?

Simply put, CRIs are inventions that involve the use of computers, computer networks, or other programmable devices. This includes inventions where one or more features are achieved, either fully or partially, through computer hardware or software. Think of anything from a new way your app processes data to a clever system controlling physical devices.

The Core Challenge: Section 3(k) and What's Excluded

Indian patent law defines an "invention" as a new product or process that involves an inventive step (meaning it's not obvious to someone skilled in the field) and is capable of industrial application (meaning it can be made or used in an industry).

However, not everything is patentable. Section 3(k) of the Patents Act specifically excludes certain types of CRIs from patentability. These are:

• Mathematical methods.
• Business methods.
• Algorithms.
• Computer programmes "per se".

The crucial part here is the phrase "per se" when it comes to computer programmes. This means that a computer programme itself is not patentable, but if it's part of something bigger – something "ancillary thereto or developed thereon" – and it offers a genuine invention, it can be patented. The key is to show a "technical effect" or "technical contribution". This is a vital distinction, as unlike some other countries, India only applies "per se" to computer programmes, not other categories like business methods.

Navigating the Exclusions: What’s In and What’s Out?

The new guidelines provide clear steps and examples to help determine if your CRI can be patented. The focus is always on the substance of your invention, not just how it's worded in the claim.

Let's look at each exclusion:

1. Mathematical Methods

What’s excluded?

• Purely abstract calculations, formulas, or methods of calculation. Think of a new way to calculate square roots or solve equations.
• Simply automating a known mathematical calculation without a broader technical purpose. For example, a method for calculating compound interest.

What’s NOT excluded?

• Inventions where a mathematical method is part of a larger technical process that provides a practical application and a technical objective.
• For example, a method for Adaptive Noise Cancellation in Audio Devices (using mathematical tools like Fast Fourier Transform for technical improvement of audio output) would likely be patentable.
• Similarly, a system for Controlling an Autonomous Drone (using Dijkstra’s algorithm to calculate optimal flight paths and generate real-time control signals for physical movement) is also likely patentable.

2. Business Methods

What’s excluded?

• Primarily an administrative, commercial, or financial strategy.
• A method of buying/selling goods through the web, if its core is purely commercial.
• For example, a method for Tiered Bank Service Fee Calculation (a scheme for revenue generation based on account activity) is generally not patentable.
• A Loyalty Rewards Program Management system (a strategic marketing plan) would also typically be excluded.

What’s NOT excluded?

• If the invention's core provides a technical improvement or solution to an underlying system or process through technical means, even if applied in a business context.
• For instance, a method for Secure Data Transmission in Online Banking (using quantum-resistant cryptographic algorithms and multi-factor biometrics for enhanced technical security) would be patentable.
• A POS Terminal with Adaptive Signal Processing (that adjusts to environmental noise for reliable card reading) would also be patentable as it improves the technical infrastructure.

3. Algorithms

What’s excluded?

• Abstract sets of rules or instructions without sufficient technical implementation details.
• A claim that merely lists procedural steps without specifying how they are technically applied to solve a real-life problem.
• For example, a Generic Sorting Algorithm (e.g., quicksort steps) presented without a specific technical application is not patentable.
• A Text Tokenization Algorithm that just describes splitting text strings without technical context also falls under this exclusion.

What’s NOT excluded?

• If the algorithm is enabled with specific technical details and provides a technical solution to a real-world problem.
• A method for Secure Biometric Authentication for Mobile Devices (detailing CNN algorithms, secure enclave processors, and hardware AES encryption for protecting biometric data) is patentable.
• Similarly, Real-Time Video Compression in Surveillance Cameras (involving a CMOS sensor, FPGA-based hardware accelerators, and H.265 codec optimization) is patentable because it’s a technical solution for efficient video streaming.

4. Computer Programme "per se"

What’s excluded?

• Claims solely about computer programmes, sets of instructions, routines, or sub-routines.
• Claims about "computer programme products" or storage mediums storing instructions.
• Simple automation of manual tasks (like record keeping, scheduling) without an additional technical gain beyond the computer's inherent speed.
• Inventions whose main function is simply presenting data visually or textually (like generating standard reports) without a technical solution in data handling or display.
• Claims primarily concerned with aesthetics or artistic creation.
• For example, a System for Recipe Management (focused on organizing recipes for user convenience) is not patentable.
• A System for Managing Personal Finances (automating budgeting and expense tracking) would also be excluded as it's a routine administrative process.

What’s NOT excluded?

• If the claimed invention, when implemented on a general-purpose computer, contributes directly to a specific and credible technical effect or enhancement beyond mere general computing processes.
• There is no requirement for novel hardware for an invention to be patentable in this category.
• If it improves the system's functioning and efficacy or provides a technical solution to a technical problem.
• An Adaptive Network Optimizer (a system that dynamically adjusts network transmission parameters using real-time data to maintain throughput and reduce latency) is patentable as it provides a clear technical effect on network operation.
• Similarly, a Method for Error Correction in Wireless Communication (dynamically selecting error-correcting codes, detecting errors, and retransmitting only erroneous segments) is patentable due to its technical impact on wireless reliability and efficiency.

Special Rules for AI, ML, DL, Blockchain, and Quantum Computing

These cutting-edge technologies are often built on abstract mathematical models. However, the guidelines clarify that they can be patented if they translate these abstract principles into real-world, tangible applications that offer a concrete technical effect or improvement.

Key points for these advanced technologies:

• AI-generated inventions (created solely by AI without human intervention) are not patentable, as AI cannot be considered an "inventor." However, AI-assisted inventions (where AI is a tool in the inventive process) can be patentable if they meet all other criteria.
• Sufficiency of Disclosure is CRITICAL: You need to describe your invention fully and particularly. This means detailing known processes, variables, how inputs transform into outputs, and providing evidence (like test results) to validate the model's accuracy, especially for precise applications.
  • For example, if your invention uses an already trained AI model, you need to clearly define the training data, the model architecture, and how the model solves a specific technical problem with predictable results.
  • If data pre-processing is key, all steps and their correlation to the final model must be disclosed.
  • For reinforcement learning, describe how the system interacts with its environment, including states, actions, and rewards.
  • If the invention improves a computer’s internal structure, explain how the algorithm interacts with hardware to optimize performance metrics.
  • If specific training dataset traits are crucial, they must be disclosed.
  • If the inventiveness is in a new learning algorithm, provide comprehensive details of that algorithm. If it's about a novel way of creating or using a dataset with a known algorithm, focus on the data-centric processes.

Our Takeaway for Your Business

These new guidelines from the Indian Patent Office offer greater clarity and a more consistent framework for patenting your innovations in computer-related fields. The overarching message is clear: your invention needs to solve a technical problem with a technical solution, leading to a demonstrable technical effect. Don't just explain what your software does; explain how it does it, and why that "how" is technically inventive and provides tangible benefits.

Whether you're developing a new AI system for healthcare, a blockchain solution for supply chain management, or an algorithm for enhancing network performance, focusing on the technical contribution and providing sufficient disclosure will be key to securing your patent rights.

At PatentAssist.ai, we specialize in helping businesses like yours navigate the complexities of patent filing. Our algorithm understand these new guidelines inside out and can help you craft patent applications that highlight the true technical value of your CRIs, maximizing your chances of success.

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Reference New CRI Guidelines