Microsoft's Two-Tier Authentication Solution Patentable, not "Computer Program per se" as per Section 3(k): Delhi HC directs Re-examination of Patent Application

The Delhi High Court set aside the denial of the patent in the application filed by Microsoft Technology Licensing LLC, rejecting the view that the “METHODS AND SYSTEMS FOR AUTHENTICATION OF A USER FOR SUB-LOCATIONS OF A NETWORK LOCATION” invented by Microsoft was a Computer Program per se and non-patentable.

The Single Bench of Justice Sanjeev Narula emphasized the need for a comprehensive approach that considers technical advancements and practical applications in solving real-world problems. The court highlighted the importance of assessing the eligibility of computer-related inventions based on their contributions and effects, rather than solely focusing on algorithms and computer-executable instructions.

The court's observations came in the adjudication of a patent appeal by Microsoft Technology Licensing LLC, challenging the rejection of its patent application for authentication methods and systems for network sub-locations. The Controller of Patents had deemed the invention non-patentable under Section 3(k) of the Patents Act, citing unmet requirements.

Vindhya S. Mani, Gursimran Singh Narula and Vaishali Joshi represented Microsoft, while the respondent Indian Patent Office was represented by Harish Vaidyanathan Shankar.

Rajiv Choudhary was appointed as the Advocate Amicus Curiae to assist the court in the matter.

Justice Narula recognized the claimed invention as a novel and inventive technical solution to the security problem of user authentication in network sub-locations. The two-tier authentication process not only enhances user experience but also contributes to the field of computer networks, by solving a security flaw.

The court emphasized that the invention's technical aspects are core to computer and network technology, rather than being limited to the user interface. The Controller's summary rejection based on the presence of algorithms executed in a predefined sequential manner was deemed erroneous.

Additionally, the court stressed the dynamic nature of computer-related inventions and the challenges they present in determining their technical effects and contributions. It called for the creation and periodic updating of signposts based on judgments, enabling examiners to adapt to changes effectively.

The court suggested that the Indian Patent Office should consider establishing signposts, drawing inspiration from established frameworks used by jurisdictions such as EPO and USPTO.

The Delhi HC overturned the Controller's decision, stating that the invention did not fall within excluded categories. The court ordered a re-examination of Microsoft's patent application, specifically addressing objections regarding lack of novelty and inventive steps. The Patent Office was directed to consider the court's observations and relevant judicial precedents during the re-examination, aiming to reach a decision within one month.

In conclusion, the Delhi High Court's ruling clarifies the classification of Microsoft's Two-Tier Authentication Solution, emphasizing the importance of technical advancements and practical applications in assessing patent eligibility, rather than mere classification as patentable or non-patentable.

To Read the full text of the Order CLICK HERE

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