J U D G M E N T

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 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 conciseness qua scope of cla