Draft CRI (Computer Related Inventions) Guidelines v2.0: A Thoughtful Evolution of Patent Framework

The landscape of Computer-Related Inventions (CRIs) in India is continuously evolving, and the Office of the Controller General of Patents, Designs & Trade Marks (CGPDTM) recently published the Draft Guidelines for Examination of Computer-Related Inventions (CRI), 2025, Version 2.0. This revised draft, which underwent public consultation earlier this month, aims to provide much-needed clarity and consistency in assessing the patentability of software-related inventions under India's Patents Act, 1970.

At its core, Indian patent law, particularly Section 3(k), excludes "computer programmes per se or algorithms" from patentability. The challenge for innovators and examiners alike has always been to differentiate between non-patentable abstract ideas and patentable technical inventions in the software domain.

Key Highlights of Version 2.0:

1. Emphasis on Technical Effect: The guidelines firmly reiterate that a CRI must demonstrate a "technical effect" or make a "technical contribution" to be patentable. This means the invention must solve a technical problem or achieve a technical advancement that goes beyond the mere abstract functioning of a computer.

   
   

2. Integration of Judicial Precedents: Version 2.0 incorporates insights from recent landmark rulings by Indian High Courts (e.g., Ferid Allani v. Union of India), ensuring that examination practices align with judicial interpretations of Section 3(k).

   
   

3. Detailed Disclosure for Emerging Tech: Recognizing the complexities of AI and Blockchain, the guidelines lay down specific disclosure requirements. For AI inventions, details on training data, model architectures, and learning algorithms are expected. For Blockchain, cryptographic techniques and consensus mechanisms should be clearly described. This ensures sufficient enablement and understanding of the invention.

4. Illustrative Examples: The draft includes updated examples to better illustrate what constitutes a patentable (or non-patentable) CRI, helping applicants understand the nuances.

Implications for Innovators:

For businesses and innovators, these revised guidelines underscore the importance of:

• Clearly articulating the technical problem the CRI solves and the technical advancement it offers.

• Provides sufficient detail in the patent applications, especially for complex AI or Blockchain systems, to demonstrate how the invention works and its technical impact.

• Structuring the claims to emphasize the technical features and effects, showcasing how your software interacts with hardware or provides a novel technical solution.

  
  

These guidelines signify a proactive approach by the Indian Patent Office to adapt to technological advancements while maintaining legal robustness. Understanding and adhering to these principles will be crucial for securing patent protection for your valuable software-driven innovations in India.