Delhi High Court Calls for its Patent Manual Update to Tackle Complex AI and Machine Learning Technologies

The Delhi High Court has urged for a revised version of the Manual of Patent Office Practice and Procedure to tackle the difficulties arising from the swift advancements in intricate technologies such as artificial intelligence (AI) and machine learning. Following a trial involving AGFA NV, who had submitted a patent application for producing decorative laminates using inkjet technology, the court issued its ruling. The Assistant Controller of Patents and Designs declined the application, citing imprecise and unclear claims.

The Delhi High Court highlighted the importance of updating the Patent Manual in response to the rising number of patent filings in India and the complexities surrounding these matters. The revised handbook would equip evaluators and regulators with essential resources for assessing patent requests relating to AI systems, machine learning, agrochemicals, pharmaceuticals, and production techniques.

The Delhi High Court suggested that the Office of the Controller General of Patents, Designs, and Trademarks should make changes to the Manual for Practice and contemplate offering technical and patent analytics education to examiners and controllers. The court's decision aimed to enhance the abilities of examiners and controllers to evaluate the coherence and conciseness of inventions. This would lead to a more productive and streamlined patent examination procedure.

AGFA NV's patent application was denied by the court without any clear indication of the originality or innovative attributes of the proposed claims. The court acknowledged that the patent had been approved in various other nations, such as the US, UK, Australia, China, and different European countries. The outcome of the case led to the reversal of the previous ruling and a new directive issued to the Patent Office to proceed with granting the patent once all necessary procedures are completed.

The recent ruling from the court underscores the importance of revising the patent handbook to reflect the intricacies of newer advancements, such as artificial intelligence and machine learning. The patent system can skillfully tackle the challenges posed by the swiftly developing fields by offering explicit instructions and ensuring adequate instruction for examiners and controllers.

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