Software — India Patent Cases
84 decisions indexed
Page 2 of 3 · 84 total
Microsoft Technology Licensing Llc v.The Assistant Controller Of Patents And Designs
The Delhi High Court heard several part-heard matters concerning a common legal question under Section 3(k) of the Patent Act, 1970. The order was passed in hybrid mode and scheduled for further hearing.
Microsoft Technology Licensing LLC v.Assistant Controller of Patents and Designs, Government of India
Microsoft Technology Licensing LLC appealed the rejection of its patent application (No. 1783/CHENP/2012) by the Assistant Controller of Patents and Designs. The appellant argued that the rejection order did not properly assess non-obviousness, failing to apply established legal principles regarding inventive step analysis. The High Court allowed the appeal, setting aside the impugned order.
Dr. Vandana Parvez v.The Controller of Patents Office of Controller General of Patents
The appellants appealed the rejection of their patent application for a method/system related to interactive online digital content. The Controller rejected the application, citing lack of novelty based on prior art D1 (the appellants' own withdrawn application). The Madras High Court set aside the rejection order, finding that citing the appellant's own withdrawn application as prior art was invalid and directing the Patent Office to expunge it from the public domain.
Microsoft Technology Licensing Llc v.The Assistant Controller Of Patents And Designs
Microsoft appealed the rejection of its Indian Patent Application for 'Discovery of Secure Network Enclaves' by the Assistant Controller. The rejection was based on lack of inventiveness and indefinite claims violating Section 10(4). The High Court found procedural flaws in the rejection order, particularly regarding the sudden introduction of certain objections, and allowed the appeal.
Qualcomm Incorporated v.Assistant Controller of Patents & Designs
Qualcomm Incorporated appealed the Assistant Controller's decision to reject its patent application for 'Methods and Apparatus for Estimating Departure Time'. The rejection was based on the grounds that the invention lacked inventive step. The High Court found the impugned proceedings too cryptic and lacking in reasoning, leading it to allow the appeal.
M/s.Microsoft Technology Licensing, LLC. v.Assistant Controller of Patents and Designs
Microsoft Technology Licensing appealed the refusal by the Assistant Controller of Patents and Designs to grant a patent for its computer-related invention, 'Delegating Instant Messaging Sessions'. The core dispute centered on whether the software met the criteria for patentability under Section 3(k) of the Patents Act. The Madras High Court ruled in favor of Microsoft, emphasizing that an invention based on a computer program is not automatically excluded if it demonstrates a clear technical effect or contribution, aligning with international jurisprudence and revised Patent Office guidelines.
Microsoft Technology Licensing Llc v.The Assistant Controller Of Patents And Designs
Microsoft Technology Licensing Llc filed an appeal challenging the Patent Office's order rejecting its application titled "DISCOVERY OF SECURE NETWORK ENCLAVES". The rejection was based on grounds related to Sections 2(l)(j) and Section 10(4) of the Patents Act, 1970. The court released the matter from part-heard status and listed it for further hearing.
BSA Business Software Alliance, Inc. v.Tube Investments Of India Limited & Anr.
The Delhi High Court resolved a trademark dispute between BSA Business Software Alliance and Tube Investments of India Limited regarding the use of the mark 'BSA'. The court mandated that both parties agree on clear delineations of services to prevent conflict. Following this agreement, the appeals were disposed of, allowing BSA to register its mark in specific, restricted classes related to software promotion and education (Classes 16, 35, 41, 42). Crucially, the court also ensured that the Respondent's right to seek a declaration as a well-known mark for their goods in Class 12 remains unaffected.
Priya Randolph v.The Deputy Controller of Patents and Designs
The appellant challenged the Controller's decision rejecting their patent application (201641026786) on the grounds that the invention was a 'business method' under Section 3(k) of the Patents Act. The court examined the claims, which related to concealing physical address information during e-commerce transactions using software and hardware. The High Court held that the monopoly claim was on a technical solution for data privacy, not merely a business method.
Atos India Pvt. Ltd v.The State of Maharashtra
Atos India Pvt. Ltd challenged an order from the Maharashtra Sales Tax Tribunal, arguing that its work providing bug fixing and maintenance services on QAD Inc.'s ERP software was a service contract, not a sale of goods or developed software. The core dispute revolved around whether modifying existing proprietary code constituted 'development' leading to a taxable supply under the MVAT Act. The Bombay High Court ultimately ruled in favor of Atos India, holding that the transaction was fundamentally an indivisible contract for services.
Emerson Process Mangement Power And Water Solutions Inc v.Controller Of Patents
Emerson Process Management filed appeals challenging the rejection of its patent applications (Nos. 1253/DEL/2006 and 4197/DEL/2015) relating to computer software. The court noted that the main ground for rejection—the lack of novelty and inventiveness in associated hardware—no longer aligns with current Patent Office guidelines.
Emerson Process Management Power And Water Solutions Inc v.Deputy Controller Of Patents And Designs
Emerson Process Management appealed the rejection of its patent applications (Nos. 1253/DEL/2006 and 4197/DEL/2015) for computer software patents. The court noted that the main ground for rejection—the novelty and inventiveness of associated hardware—no longer applied under current Patent Office guidelines.
Blackberry Limited v.Controller Of Patents And Designs
Blackberry Limited appealed a rejection order by the Controller of Patents and Designs regarding its divisional patent application (8584/DELNP/2007). The appeal was filed under Section 117A of the Patents Act, 1970. However, the court disposed of the appeal because the term of the parent patent application had expired during the pendency of the appeal.
GOTO Technologies USA, Inc. v.Sanikommu Venkata Ramalinga Reddy
The Madras High Court ruled in favor of GOTO Technologies USA, Inc., allowing petitions to cancel several trademark registrations held by Sanikommu Venkata Ramalinga Reddy. The court found that the respondent had adopted the prominent 'GOTO' part of the petitioner’s established mark without justification. By demonstrating its long history and market presence, the petitioner successfully countered arguments regarding delay or lack of prior registration.
Google Llc v.The Controller Of Patents
Google LLC appealed a refusal order by the Assistant Controller of Patents & Designs regarding its patent application 'Managing Instant Messaging Sessions on Multiple Devices'. The refusal was based on lack of novelty and inventive step citing prior art. The court directed that an IPO official must be present for further hearings to address these technical objections.
Nripendra Kashyap, Constituted Attorney Of Blackberry Limited v.The Assistant Controller of Patents
The appellant, Blackberry Limited, challenged the refusal of its Indian Patent Application No. 8984/CHENP/2012 by the Assistant Controller. The rejection was based on lack of inventive step and anticipation by prior art documents D1-D4. The High Court set aside the impugned order, finding that the Assistant Controller failed to address key submissions made by the appellant regarding the technical differences between the invention and the cited prior art.
CRYTEK GmbH v.Hameed Firnas
The Madras High Court allowed a petition filed by CRYTEK GmbH, a German company specializing in computer games, seeking rectification of the Trade Marks Register. The court found that the impugned mark registered to Hameed Firnas was deceptively similar to CRYTEK's earlier trademark and was likely to cause public confusion. Crucially, the respondent failed to provide any evidence of use for their mark despite being given an opportunity, leading the court to direct its cancellation.
Business Objects Software Limited v.The Assistant Controller Of Patents And Designs
Business Objects Software Limited filed an appeal challenging the refusal of its patent application (No. 7583/CHENP/2011). The Appellant subsequently sought permission to withdraw this appeal to file it before the High Court of Madras. The court dismissed the present appeal as withdrawn.
Hartek India Pvt Ltd v.Hartek Design And Software Solutions Private Limited
The Delhi High Court allowed an interim injunction in favor of Hartek India Pvt Ltd, finding a prima facie case of trademark infringement and passing off against Hartek Design And Software Solutions Private Limited. The court noted that the defendant's use of 'HARTEKDSS,' despite the added suffix, was deceptively similar to the plaintiff's established mark 'HARTEK.' This order serves as a crucial early victory for the plaintiff, restraining the defendant from using the confusingly similar name while the full suit proceeds.
BSA Business Software Alliance, Inc. v.Tube Investments Of India Ltd & Anr
The Delhi High Court addressed appeals filed by the BSA Business Software Alliance, Inc. against the rejection of its 'BSA' trademark applications by the Registrar of Trademarks. The dispute involved conflict with Tube Investments of India Ltd., which uses 'BSA' for bicycles and related products. Recognizing the potential for confusion but also the distinct nature of their businesses (software vs. cycles), the Court directed both parties to coordinate and delineate their respective goods and services. This step aims to allow both entities to secure trademark registration without future litigation.
Flipkart Internet Private Ltd v.The Joint Controller of Patents and Designs
Flipkart Internet Private Ltd filed an appeal challenging the order of the Joint Controller of Patents and Designs which dismissed a Post-grant Opposition seeking revocation of Indian Patent No. 312437. The opposition contended that the patent lacked novelty, inventive step, or was not patentable under various sections of the Patents Act. The High Court examined the technical aspects and found no infirmity in the impugned order.
Huawei Technologies Co., Ltd v.The Controller of Patents
Huawei appealed the Controller of Patents' decision to reject its PCT National Phase patent application (No. 201947017802). The rejection was based on alleged failures regarding proper method claim submission and procedural delays concerning Form-3 filing. The High Court set aside the rejection, finding that the grounds were untenable and remanding the matter for reconsideration.
Huawei Technologies Co., Ltd v.The Controller of Patents
Huawei Technologies appealed the Controller of Patents' order rejecting its PCT National Phase application. The rejection was based primarily on alleged failure to submit proper method claims and procedural lapses regarding a delayed Form-3 filing. The High Court set aside the impugned order, finding that the rejection was not dealt with on merits and procedural errors did not justify rejection, thus remanding the matter for reconsideration.
Rxprism Health Systems Private Limited v.Canva Pty Ltd
Rxprism Health Systems Private Limited filed a suit seeking an injunction against Canva Pty Ltd, alleging infringement of its Indian Patent No. IN 360726, which covers a system and method for creating and sharing interactive content. The Plaintiff argued that Canva's 'Present and Record' feature directly infringes the patented technology used in their product, 'My Show & Tell'. After analyzing the claims and evidence, the Delhi High Court found prima facie merit in the Plaintiff's case.
Oracle International Corporation v.Controller Of Patents
Oracle International Corporation filed a Transfer Civil Miscellaneous Appeal challenging the Controller of Patents' order regarding the patentability of its application (3566/CHENP/2006). The appeal argued that the subject matter was eligible for patent protection and not excluded as a business method or computer program per se. However, the appellant subsequently withdrew the appeal.
Microsoft Corporation v.Zoai Founder
Microsoft Corporation challenged an arbitral award rendered under the INDRP concerning the domain name zoai.in, which had denied Microsoft's claim for transfer. The petitioner argued that the arbitrator was biased and that the decision was vitiated by procedural unfairness due to independent research conducted without providing materials to Microsoft. The Delhi High Court agreed with the petitioner on both grounds of bias and natural justice violation.
Microsoft Technology Licensing, LLC v.The Assistant Controller Of Patents And Designs
Microsoft challenged the Assistant Controller's decision rejecting its patent application for a network authentication system under Section 3(k) of the Patent Act, arguing that the invention provided a genuine technical solution to security problems. The Delhi High Court set aside the rejection based on the flawed interpretation of 'computer program per se,' emphasizing that an algorithm should not be automatically excluded if it offers a tangible technical contribution. Consequently, the matter was remanded back to the Controller for re-examination regarding novelty and inventive step.
Microsoft Technology Licensing, Llc v.The Assistant Controller Of Patents And Designs
The petitioner appealed a matter before the Delhi High Court concerning an objection related to Section 3(k) of the Patents Act, 1970. The court heard arguments and directed the Controller General of Patents, Designs and Trade Marks to ensure the presence of a Controller for assistance on the next date.
Microsoft Technology Licensing Llc v.Assistant Controller Of Patents And Designs
Microsoft Technology Licensing Llc appealed the Assistant Controller's refusal to grant a patent application for a filtering user interface. The Controller rejected the application under Section 3(k) as being a 'computer program per se'. The High Court overturned this decision, emphasizing that software can be patentable if it demonstrates a technical contribution and applying the updated CRI 2017 Guidelines.
Oneempower Pte Ltd v.The Controller Of Patents And Designs
Oneempower Pte Ltd appealed the rejection of its patent application for 'A Transaction Reward System' (TRS), arguing that it possessed a technical effect and was not merely a business method. The Controller rejected the application, holding that TRS was fundamentally an administrative or organizational business solution implemented using standard technology.
Dealing with a patent challenge?
Whether it's a Section 3(d) rejection, a post-grant opposition, or a FRAND dispute, Arctic's patent litigation team has handled it. Get a strategy call.