Draft Computer Related Inventions (CRI) Guidelines, 2025 published by the Indian Patent Office

After the 2015 and 2017 Guidelines (prior Guidelines), the Office of the Controller General of Patents, Designs & Trade Marks (CGPDTM), on March 25, 2025, published the Draft Guidelines for Examination of Computer Related Inventions (CRIs), 2025 (hereinafter referred to as “the 2025 draft Guidelines”) for public consultation,  available here. 

The 2025 draft Guidelines are expected to refine the examination framework for CRIs in light of recent judicial pronouncements and emerging technologies.

A Jurisprudence-Aligned Approach to Section 3(k) Exclusions

While Section 3(k) of the Patents Act, 1970 excludes mathematical methods, business methods, computer programs per se, and algorithms from patentability, the 2025 draft Guidelines propose a notable departure from prior guidelines by directly incorporating judicial interpretations requiring demonstration of “technical effect” or “technical contribution”. 

The jurisprudential approach of the Intellectual Property Divisions of the High Courts that have shaped the interpretation of Section 3(k), including, Ferid Allani v. Union of India [W.P.(C) 7/2014 & CM APPL. 40736/2019], Microsoft Technology Licensing LLC v. Assistant Controller of Patents {C.A. (COMM.IPD-PAT) 29/2022], [C.A.(COMM.IPD-PAT) 185/2022]}, Ab Initio Technology Llc vs Assistant Controller Of Patents and Designs [C.A. (COMM.IPD-PAT) 26/2021], Blackberry Limited vs Assistant Controller Of Patents And Designs [C.A. (COMM.IPD-PAT) 229/2022] and Raytheon Company vs Controller General Of Patents And Designs [C.A. (COMM.IPD-PAT) 121/2022]  is relied upon extensively in the draft guidelines.

The integration of legal precedents into the examination framework signals a move towards better predictability and consistency in the evaluation of CRI patent applications.

Recognition of Emerging Technologies 

The 2025 draft Guidelines have explicitly recognized artificial intelligence (AI), machine learning (ML), blockchain, quantum computing, and cybersecurity as fields of innovation patentable under the Act. However, patentability remains contingent upon whether the invention demonstrates a technical effect. This nuanced treatment of emerging technologies reflects a measured yet forward-looking approach, ensuring that technological advancements receive due consideration.

Refined Examination Standards for CRIs

To enhance the objectivity and uniformity of CRI examinations, the 2025 draft Guidelines propose to  introduce a structured multi-step framework for assessing:

• Novelty – The 2025 draft Guidelines discuss a 7-step novelty determination approach, aligning with the proposal of the Hon’ble Delhi High Court laid out in Telefonaktiebolaget Lm Ericsson (Publ) vs Lava International Ltd [CS(COMM) 65/2016]. This methodology may ensure a systematic assessment of prior art disclosures and minimizes inconsistencies in novelty determinations. 

  
  

• Inventive Step – The adoption of a 5-step inventive step test, refining the long-standing  Biswanath Prasad Radhey Shyam vs Hindustan Metal Industries Ltd (AIR 1982 SC 1444) standard, underscores the requirement that an invention must provide a genuine technical contribution beyond a routine computational method.

  
  

• Industrial Applicability – The 2025 draft Guidelines reaffirm that CRIs must be demonstrably applicable in an industry, preventing speculative or abstract concepts from receiving patent protection.

  
  

Sufficiency of Disclosure and Enablement Requirements

The 2025 draft Guidelines aim to introduce precise disclosure and enablement standards. While reiterating the requirement for "sufficiency of disclosure" as established in Section 10 of the Act, the "What" and "How" of sufficiency standard have been laid out highlighting that the applicant must not only define what the invention is but also explain in detail how it achieves its claimed technical effect. The inclusion of detailed system architecture, process flow diagrams, and implementation specifics is now put forth as an important aspect of a well-drafted CRI patent application. 

Next Steps

As the guidelines remain in the consultation phase, stakeholders have been invited to  submit feedback via email to sukanya.ipo@nic.in, with the subject line "Comments on Draft CRI Guidelines 2025", before April 15, 2025. 

For any questions, please feel free to reach out to Ms. Garima Sethi at garima.sethi@iprattorneys.com.