Star Health filed a patent application titled "system and Method for Automated Content Creation and Distribution Using Machine Learning-Based Template." The invention claimed an AI-driven platform capable of automaticall

CS Professional · Intellectual Property Rights - Law and Practice · PYQS · June 2026
Star Health filed a patent application titled "system and Method for Automated Content Creation and Distribution Using Machine Learning-Based Template." The invention claimed an AI-driven platform capable of automatically selecting design templates, adjusting layouts, analysing user engagement data and redistributing optimized content through a cloud-based infrastructure. The objective was to enhance digital marketing efficiency in the pharmaceutical sector in the wake of the recent pandemic. The invention aimed to deal with future global threats to human life through coordination and by using machine learning algorithms and customise promotional materials to facilitate faster and equitable access to health products. During examination, the Indian Patent Office (IPO) raised objections under Section 3(k) of the Patents Act, 1970, which excludes "a mathematical or business method or a computer programme per se or algorithms" from patentability. The Controller observed that although the invention was framed as a "system and method", its core contribution lay in a computer programme executing algorithms for template selection and optimization. The claimed invention did not disclose any novel hardware component, nor did it demonstrate an improvement in the functioning of a computer system. It was implemented on general-purpose computers and servers without any technical modification to hardware architecture. The IPO concluded that the invention merely automated a business or marketing process using software and machine learning techniques. The advancement claimed was commercial or administrative in nature rather than technical. Consequently, the application was refused under Section 3(k) of the Patent Act, 1970 as being a computer programme per se. Based upon the facts of the case, answer the following questions: "Patent law is applicable to inventions in any field of technology without discrimination. In that sense, Patent law is technology neutral and apply to computer software." Explain.

Answer & Explanation:

Answer 1(a) Business Method Patents have been discussed internationally and are a part of the WIPO accord. According to the WIPO's International Patent Classification (IPC) System related to Business Methods, Patentable inventions are categorised into a variety of classes, the definitive subclass dedicated to Information & Communication Technology (ICT) being the G06Q class. The TRIPS Agreement does not expressly provide for the exclusion of computer programs or business methods in general from patentability. Moreover, neither the term "invention" nor the term "technology" is defined under the TRIPS Agreement. In effect, in certain countries, patents have been granted to inventions concerning financial services, electronic sales and advertising methods and business methods, including business methods performed on the Internet. In the United States of America, a business method for managing an investment portfolio was found patentable subject matter in State Street Bank & Trust v. Signature Financial Group 149 F. 3d 1368 (Fed. Cir. 1998) . Further, patents are also granted to the inventions such as a system called "virtual sales personnel" and a method of gripping a golf putter. In Europe, in the SOHEI case T769/92, OJ 1995, 525 , the Boards of Appeal of the European Patent Office (EPO) decided that a computer system involving a number of independent management tasks, including financial and inventory management and a system operation method, was patentable subject matter. In countries where patentable inventions have a technical character due to the inventions being executed by a computer system, drawing a line between inventions that belong to a field of technology and non-inventions is not an easy task. In some countries, claims defining a computer program itself or a computer program embodied on a machine readable medium (such as diskettes and CD-ROMs) are accepted. This is due to the fact that software products are often marketed in the form of computer readable media or directly over the Internet, separately from the computer hardware. In order to prevent unauthorized commercialization of such software products, it is felt necessary to claim the software itself or a machine-readable medium storing the software that performs the claimed functions. In general, patent law is applicable to inventions in any field of technology without discrimination. In that sense, patent law is technology neutral. In most countries, the question is not whether software and business methods in general are patentable or not. Rather, the inquiry is what software-related inventions and business method-related inventions are and if they merit patent protection under national/regional patent laws.

Topics: Patents

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