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2024 Supreme(Online)(DEL) 8588

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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