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: What are the various modes and grounds of revocation of a patent?
Answer & Explanation:
Answer 1(e) The Patents Act, 1970 provides various grounds for and modes of revocation of a Patent. They may be classified as under: Revocation in the public interest by the Central Government suo motu (Section 66). Revocation of Patents relating to atomic energy by the Controller (Section 65). Revocation by Controller for non-working of the Patent (Section 85). Revocation by the High Court on petition for failure to comply with the request of the Central Government to use the invention [Section 64(4) and (5)]. Revocation by a person interested or of the Central Government or on a counter claim in a suit for infringement of Patent by the High Court on any of the grounds stated under section 64(1). Revocation of Patent in Public Interest (Section 66) : Where the Patent or the mode in which it is exercised is mischievous to the State or generally prejudicial to the public, it may be revoked under the provisions of Section 66. Revocation of Patents Relating to Atomic Energy is governed by Section 65 of the Patents Act: Section 20(1) of the Atomic Energy Act, 1962 provides that no Patent shall be granted for inventions which in the opinion of the Central Government are useful for or relate to the production, control or disposal of atomic energy or which relate to the production or use of any radioactive substance. The machinery for enforcement of this provision is contained in section 65 of the Patents Act, 1970. Where an application for a patent is for an invention relating to atomic energy, the Central Government may direct the Controller to refuse to proceed further with the application, and where a Patent has been granted, to revoke the Patent. Revocation by Controller For Non-Working of the Patent (Section 85) : The conditions necessary for revocation of Patent are the following: (a) A compulsory licence has been granted in respect of the Patent; (b) Two years have passed since the date of ordering the first compulsory licence; (c) In spite of the compulsory licence or licenses being granted, the Patented invention has not been worked in India or that reasonable requirement of the public in respect of the patented invention has not been satisfied, or that the patented invention is not available to the public at a reasonably affordable price. If the above conditions are satisfied, the Central Government, or any interested person may make an application to the Controller for an order to revoke the Patent. The Controller, if satisfied that the grounds for revocation have been established, may make an order revoking the Patent and publish the fact. Every application for revocation shall ordinarily be decided within one year of its being presented to the Controller. Revocation by the High Court on Petition : For Failure to comply with the Request of the Central Government to use the Invention [Section 64(4) and (5)]-If the High Court is satisfied that the Patentee has without reasonable cause failed to comply with the request of the Central Government to use the invention in question, it may order revocation of the Patent. Revocation by the High Court Under Section 64(1) of the Patents Act, 1970 : A Patent may be revoked on a Petition of any person interested or of the Central Government or on a counter-claim in a suit for infringement of the patent by the High Court on any of the 17 grounds enumerated under section 64(1) of the Patents Act.
Topics: Patents
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