JUDGMENT

Sanjeev Narula, J.

THE CONTROVERSY

1. This appeal is focused on the controversy surrounding the interpretation of the phrase "computer program per se" in the exclusionary Section 3(k) of the Patent Act, 1970 ["the Act"].

THE FACTS

2. Microsoft Technology Licensing, LLC ["Microsoft"] filed an Indian Patent Application No. 1373/DEL/2003 on 07th November, 2003 for registration of an invention relating to "METHODS AND SYSTEMS FOR AUTHENTICATION OF A USER FOR SUB-LOCATIONS OF A NETWORK LOCATION" [interchangeably "claimed invention" or "subject patent"].^1[Title of the invention^] The Patent Office issued First Examination Report ["FER"] on 27th April, 2016, raising objections relating to: (a) lack of novelty in view of certain cited prior arts, (b) lack of inventive steps in view of cited prior arts, and (c) non- patentable under Section 3(k) of the Act (computer program per se). It was followed by Hearing Notice dated 20th February, 2019, which raised substantive objections on: (a) lack of novelty and inventive step in view of other cited prior arts, (b) non-patentability under Section 3(k) of the Act (algorithm and computer program per se), and (c) lack of clarity and concisen