HIGH COURT OF DELHI
AB INITIO TECHNOLOGY LLC – Appellant
Versus
ASSISTANT CONTROLLER OF PATENTS AND DESIGNS – Respondent
JUDGMENT
ANISH DAYAL, J.
1. These appeals challenge rejection of patent application Nos.6500/DELNP/2011 and No.6501/DELNP/2011 [‘subject applications’] on the ground that subject matter is not patentable under Section 3(k) of the Patents Act, 1970 [‘the Act’], since claims relate to computer program per se or algorithm. Patent application No.6500/DELNP/2011 was also rejected on the ground of not being a valid divisional application under Section 16 (1) of the Act.
Factual Background
2. Bibliographic details of these applications are tabulated as under:
| CASE APPEAL NO. | CA (PAT) 26/2021 | CA (PAT) 447/2022 |
| APPLICATION NO. | 6500/DELNP/2011 | 6501/DELNP/2011 |
| TITLE | “A Method for Processing Data and a System thereof ” | “A Method for Processing Data and a System thereof ” |
| APPLICATION DATE | 25th August 2011 | |
| REQUEST FOR EXAMINATION | 08th November 2011 08th November 2011 | |
| PARENT APPLICATION 1167/DELNP/2006 GRANTED ON 27TH AUGUST 2015 | ||
| FER ISSUED ON | 23rd March 2018 | 28th September 2018 |
| REPLY TO FER | 20th September 2018 | 27th March 2019 |
| HEARING NOTICE | 14th August 2020 | 08th June 2020 |
| DATE OF HEARING | 14th October 2020 | 24th June 2020 |
| IMPUGNED ORDER DATE | 23rd July 2021 | 04th August |
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