On July 3, 2017, revised Guidelines for Examination of Computer Related Inventions (CRIs) were released. The full text of the guidelines may be found here. The revised guidelines omit the onerous requirement of pairing software-invention claims with novel hardware, wherein the contribution of the latter lies in the implementation of the computer program via a method. This will broaden the scope of patentability of computer related inventions in India.
 
The guidelines suggest that “it is important to ascertain from the nature of the claimed computer related invention, whether it is of a technical nature involving technical advancement when compared to the existing knowledge or having economic significance of both.” Examiners will now be required to focus on the technical advancement of a computer based invention rather than its combination with novel hardware. The guidelines also emphasize that it is important to judge the substance of claims, taking the whole claim together and focusing on the underlying substance of the invention without relying on the forms/types of the claims.
 
Initial analysis suggests that the updated guidelines will be a welcome change to our clients. These changes bring examination in India more in line with U.S. practice on software inventions.

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