Open Tv Inc. V. Controller Of Patents And Designs

Upholding the rejection of a patent application over a network architecture, method and steps to enable gifting media items, it was held that the bar u/s.3(k) on business method patents is absolute and need not involve assessment of technical effect, technical advancement, or technical contribution, as it is not restricted by the word ‘per se’ (per contra, computer programs). Court laid down an illustrative criteria to assess whether an invention qualifies as a business method patent.