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2023 Supreme(Online)(DEL) 3935

HIGH COURT OF DELHI
MICROSOFT TECHNOLOGY LICENSING LLC – Appellant
Versus
ASSISTANT CONTROLLER OF PATENTS AND DESIGNS – Respondent


JUDGMENT

SANJEEV NARULA, J. (Oral)

1. The present appeal is directed against order of the Assistant Controller of Patents and Design (Respondent) dated 18 November 2019 (“Impugned Order”) under Section 15 of the Patents Act, 1970 (“Act”) refusing Appellant’s patent application 1983/DELNP/2008 for the invention titled “FILTERING USER INTERFACE FOR A DATA SUMMARY TABLE”.

2. In the hearing notice, the Controller raised objections on the following grounds: (A) Section 2(1)(j) of the Act, asserting that the invention lacks inventive steps in light of the prior arts, cited as D1 to D4. (B) The invention being a "computer program per se" is non-patentable under Section 3(k) of the Act; and (C) subject matter of amended claims 1 to 9 are excluded as per Section 3(n) of the Act (presentation of information). However, the Controller finally rejected the application under Section 3(k) of the Act, without delving into the other objections.

3. The Court has heard counsel for parties. Controller’s reasoning in support of findings rendered by him are as follows:

Regarding objection no. 9 |section 3(K)|:-

Amended claims 1-10 still objected to as being non-statutory subject matter under the provisions

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