On 25th March 2025, the Patent Office officially released the Draft Guidelines for Examination of Computer-Related Inventions (CRI), 2025, for public consultations. Section 3(k) has been subject to great debate and discussion in the blog. On a quick glance at the guidelines, the guidelines include discussion surrounding all aspects of patenting software (novelty, inventive step, clarity, etc). More importantly, it has also incorporated recent case laws that have dealt with Section 3(k) in a separate heading titled ‘Recent jurisprudence’. Some of the cases that find mention in the draft have been subject to detailed discussion in the blog, which include Ferid Allani vs Union of India, Microsoft Technology Licensing, Llc vs The Assistant Controller Of Patents And Designs, OpenTv Inc. vs The Controller Of Patents And Designs and Blackberry Limited vs Assistant Controller Of Patents And Designs (see here and here). Likewise, the Patent Office has also adopted the Court’s recommendation to include patentable and non-patentable claims as examples to increase clarity and certainty in examining CRI applications. Finally, it is useful not to see this draft guideline of 2025 in isolation but in reference to its Ping-Ponging history.
Stay tuned for a more detailed analysis of the guidelines!
Stakeholders and the public are invited to provide their comments and suggestions on the draft guidelines. Feedback can be sent via email to [email protected] with the subject line: “Comments on Draft CRI Guidelines 2025”. The last date to submit the recommendations is on 15-04-2025. (see here for the official notice)