The Indian Patent Office’s Computer Related Inventions (CRI) Guidelines 2025 have undergone some revisions in its second draft, shaping the way patentability is assessed for innovations in fields like Artificial Intelligence (AI), Blockchain, Quantum Computing, and more. These changes aim to enhance clarity, fairness, and consistency in patent examination while fostering innovation in emerging technologies.
This blog will explore the key updates, their importance, and their effects on both applicants and examiners. We will examine the deletion of certain definitions, the role of case laws, and how emerging technologies fit into this evolving framework.
Why the CRI Guidelines Matter
The landscape of computer-related inventions (CRIs) in the world of patents has seen significant shifts in the recent updates to the CRI guidelines. In particular, the incorporation of recent case laws, inclusion of examples and the re-interpretation of Section 3(k) objections reflect a broader, more flexible approach to evaluating patents. These updates will help patent examiners, as well as patent attorneys, navigate the complex domain of CRIs, particularly in emerging technologies like Artificial Intelligence (AI), Blockchain, and Quantum Computing. The introduction of new jurisprudence and clarification of the exclusions under Section 3(k) aims to make the patent process more transparent and equitable, creating opportunities for innovators in disruptive technology sectors. In response to this rapid growth, the Office of the Controller General of Patents, Designs and Trademarks (CGPDTM) has been revising its approach to assessing patentability in the domain of Computer Related Inventions (CRIs).
The first draft of the CRI Guidelines 2025, though comprehensive, left room for ambiguity in terms of emerging technologies like AI/ML and Blockchain. The revised draft transition reflects a move toward greater clarity, objectivity, and adaptability in examining inventions through hypothetical examples under Section 3(k) of the Indian Patents Act, 1970, which excludes certain subject matter from patent protection.
The recent changes in the Draft Version 2.0 of CRI Guidelines 2025 provide clarity and a more structured approach to navigating these exclusions, ensuring a fair and rigorous evaluation process.
The Deletion of the Definition of “Secure System”
One of the key changes in the CRI Guidelines 2.0 is the deletion of the definition of “Secure System.” Draft 1 of CRI Guidelines 2025, included specific references to “secure systems” as a form of computer-related invention. The reason for the removal of this definition is anyone’s guess.
The Role of Recent Jurisprudence and Case Laws
The Draft Version 2.0 of CRI guidelines 2025, incorporate general interpretation of recent case law, helping both applicants and examiners understand how courts interpret the patentability of CRIs. The most notable shift is the deletion of specific case laws like Caleb Suresh Motupalli vs Controller of Patents1, which discussed the best method for performing an invention from Sufficiency and Disclosure under the criteria related to “Examination Related to CRI Guidelines” and inclusion of the concerned case law is presented under AI/ML/DL related inventions. The guidelines now focus on a general interpretation, emphasizing that patentability depends on the sufficiency of disclosure. In essence, the invention should be fully disclosed, detailing how it works and why the chosen method is the most effective.
The inclusion of relevant jurisprudence ensures that both applicants and examiners are aligned with legal precedents, providing clarity on how the law applies to evolving technologies
Clarifying Exclusions Under Section 3(k)
Section 3(k) of the Indian Patents Act excludes certain inventions from patentability, including mathematical methods, business methods, algorithms, and computer programs per se. The draft version 2.0 of CRI guidelines 2025 provide more clarity on how to assess whether an invention falls under these exclusions or not on the basis of recent jurisprudence and through hypothetical instances. By assessing the steps provided in examples, Applicants may frame their claims carefully, demonstrating that the computer program is not merely an abstract idea but a tool that solves a technical issue.
The revised CRI Guidelines incorporates a non-exhaustive tabular list outlining various aspects of an invention that may or may not be excluded under the category of “computer programme per se” as defined in Section 3(k) of the Indian Patents Act. This addition serves as a practical reference for both applicants and examiners by offering indicative scenarios to facilitate consistent and objective interpretation of exclusions. Furthermore, to enhance procedural clarity, the Guidelines include flowcharts illustrating the step-by-step examination process for CRIs. These visual aids aim to streamline the evaluation procedure, promote transparency, and ensure uniformity in decision-making across the patent office.
The Impact on Emerging Technologies like AI, Blockchain, Quantum Computing, and Machine Learning
Emerging technologies pose unique challenges for patent examination, particularly concerning the sufficiency of disclosure and the determination of technical effects. The Draft Version 2.0 of the CRI guidelines 2025 explicitly addresses these challenges, with a focus on AI, Blockchain, Quantum Computing, and Machine Learning. The patentability of these evolving technologies have been described through examples.
Inventions related to AI, ML, and DL often involve abstract principles and theoretical models. The guidelines state that for an AI-related invention to be patentable, it must demonstrate a practical application that provides a technical solution. If an invention transforms an abstract AI principle into a real-world application, it may qualify for patent protection.
However, inventions created by AI systems autonomously, without significant human intervention, are not patentable, as AI cannot be recognized as an inventor under Indian law. On the other hand, AI-assisted inventions are patentable if they meet the standard criteria for patentability and demonstrate sufficient disclosure.
Blockchain and Quantum Computing represent areas of cutting-edge innovation where traditional patent evaluation methods often fall short. The inclusion of Blockchain and Quantum Computing in the revised second draft of the CRI guidelines 2025 is a major step forward. Blockchain technologies, for example, often combine elements of cryptography, distributed systems, and security, which require nuanced evaluation. As blockchain technology continues to evolve, it is essential that patent applications in this field meet the sufficiency of disclosure requirements, ensuring that the invention is reproducible by a skilled person in the art. Quantum Computing, with its radically different approach to computation, poses unique challenges for patent examiners. The new guidelines offer more clarity on how these inventions should be assessed through examples, providing a framework for determining whether they meet the technical requirements for patentability.
Conclusion
The Draft Version 2.0 CRI guidelines 2025 represent a significant shift in how computer-related inventions will be assessed under Indian patent law. For applicants, these changes offer more opportunities for patenting innovative solutions in fields like AI, Blockchain, Quantum Computing, and Machine Learning. For examiners, the revised guidelines offer clearer instructions on how to assess patent applications, particularly in terms of sufficiency of disclosure and technical effects. As India continues to strengthen its patent framework, these changes are expected to foster innovation, encourage investment in emerging technologies, and ensure that the country remains a competitive player in the global IP landscape.
