Patentability of Mathematical and Computer Methods in Indian Patent Law

• Section 3(k) and Patentability:

• Section 3(k) of the Indian Patent Act outlines that a mathematical or business method or a computer program per se or algorithm is not patentable.

• However, when these methods are linked to a machine, they might become patentable.

• Protection of Software:

• The Berne Convention protects software as literature and it is covered under copyright law.

• Reasons for Non-Patentability:

• The Patent Office Practice and Procedure manual explains that mathematical methods are considered acts of mental skill and are therefore not patentable.

• Methods claimed in any form relating to technological development rather than the mathematical method itself are also considered not patentable.

• Interpretation of Section 3(k) through Case Studies:

• Case studies demonstrate instances where inventions related to mathematical or computer methods were refused patents under section 3(k) while those linked with devices were allowed.

• The High Court emphasized the need to consider the impact of computer programs in digital and electronic products for determining patentability.

• Delhi High Court Ruling and Conclusion:

• The ruling of the Delhi High Court in Allani Ferid’s case suggests a more liberal approach in view of granting software patents.

• The cases highlight the conditions under which mathematical or business methods or computer programs per se or algorithm may be patentable.