Home | Blog | Uncategorized | Delhi High Court’s Landmark Decision in OPENTV INC. v. THE CONTROLLER OF PATENTS AND DESIGNS AND ANR.


In a significant ruling that has far-reaching implications for patent law in India, the Delhi High Court recently delivered a landmark judgment in the case of OPENTV INC. v. THE CONTROLLER OF PATENTS AND DESIGNS AND ANR. The court’s decision addresses key issues related to the exclusions under the Patents Act and provides clarity on the scope of patentability for software-based innovations.


OPENTV INC., a global leader in interactive television and media solutions, filed a patent application for an invention titled “Method and System for Transmission of Interactive Television Applications.” However, the patent office rejected the application on the grounds that the claimed invention fell within the ambit of Section 3(k) of the Patents Act, which excludes computer programs per se from patentability.

Key Arguments:

OPENTV INC. contended that their invention was not merely a computer program but a technical solution to a technical problem. They argued that the claimed method and system provided a novel and inventive way of transmitting interactive television applications, involving a complex interplay of hardware and software components. They further asserted that the invention was not excluded under Section 3(k) as it had technical application and demonstrated a technical effect.

The Controller of Patents and Designs defended the rejection, arguing that the claimed invention was primarily a computer program and lacked any technical advancement or technical effect beyond the realm of software. They emphasized that the exclusion under Section 3(k) was intended to prevent the monopolization of computer programs and to encourage software development as copyrightable subject matter.

The Court’s Analysis and Judgment:

The Delhi High Court carefully analyzed the provisions of the Patents Act and relevant precedents while deliberating on the matter. The court acknowledged that Section 3(k) excludes computer programs per se from patentability but clarified that the exclusion is not absolute. It held that if an invention demonstrates a technical effect or solves a technical problem, it cannot be categorized as a computer program per se and can be considered for patent protection.

In determining whether OPENTV INC.’s invention was excluded under Section 3(k), the court applied the “technical effect” test. It observed that the claimed method and system involved the technical transmission of interactive television applications using a combination of hardware and software. The court found that the invention had a technical effect on the transmission process, resulting in improved efficiency and enhanced user experience.

The court also considered the guidelines issued by the Indian Patent Office regarding the patentability of computer-related inventions. It noted that the guidelines clarified that inventions involving technical advancements and technical effects beyond the mere implementation of a computer program could be considered for patent protection.

Based on its analysis, the court concluded that OPENTV INC.’s invention was not a computer program per se but a patentable invention involving technical elements and a technical effect. It held that the invention satisfied the criteria for patentability and directed the Controller of Patents and Designs to reconsider the patent application in light of its judgment.


The judgment in OPENTV INC. v. THE CONTROLLER OF PATENTS AND DESIGNS AND ANR. has significant implications for the software industry and patent law in India. It clarifies the scope of patentability for software-based innovations and emphasizes the importance of technical effects and technical advancements in determining patent eligibility.

The decision strikes a balance between encouraging innovation and preventing the monopolization of computer programs. It recognizes that inventions involving software can be patentable if they go beyond mere algorithmic implementation and demonstrate technical effects or solve technical problems.

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