In Ferid Allani vs. Union of India (W.P. (C) No. 7 of 2014), the Hon’ble Delhi High Court (DHC) has disposed of the Writ Petition, setting aside the impugned order of the Hon’ble IPAB (Intellectual Property Appellate Board) and remanding  back the case to the patent office for reconsideration.

A patent application filed by Ferid Allani was refused by the Patent Office in November 2008 on the grounds of non-patentability under Section 3(k), lack of Novelty and inventive step. An appeal was filed before the Hon’be IPAB and the IPAB maintained the rejection. Thereafter a Writ was filed before the Delhi High Court.

The Hon’ble Court expressly noted that the relevant computer related invention (CRI)guidelines have to be considered by the patent office in this re-assessment including the 2013 guidelines wherein technical effect had been specifically defined. Acknowledging the fact that the patent application was due to expire, if granted, in December 2020, the Hon’ble Court directed that the patent office’s decision be taken within 2 months.