Ajit developed a method of hedge against price fluctuation in energy market. He used a simple concept of mathematics and familiar statistical approach to achieve the above purpose. Ajit termed it as innovative procedure

CS Professional · Intellectual Property Rights - Laws and Practices · PYQS · June 2019
Ajit developed a method of hedge against price fluctuation in energy market. He used a simple concept of mathematics and familiar statistical approach to achieve the above purpose. Ajit termed it as innovative procedure to calculate the risk at this competitive time. Advise him on patentability of his innovation.

Answer & Explanation:

For the protection under The Patents Act, 1970 the condition of patentability has to be satisfied. The criteria are threefold, i.e., Novelty, Inventive Step (Non-Obviousness) and Industrial Applicability (Utility). However, section 3 of the Act list out the inventions non patentable subject matter. Section 3 (k) states that a mathematical or business methods or a computer programme per se or algorithms are not inventions and hence not patentable. Mathematical methods are considered to be the act of mental skill. A method of calculation, formulation of equations, finding square roots, cube roots and all other methods directly involving mathematical methods are therefore not patentable. With development in computer technology, mathematical methods are used for writing algorithms and computer programs for different applications and the claimed invention is sometimes camouflaged as one relating to the technological development rather than the mathematical method itself. A mathematical method is one which is carried out on numbers and provides a result in numerical form (the mathematical method or algorithm therefore being merely an abstract concept prescribing how to operate on the numbers) and not patentable. If low quality business method or mathematical methods are allowed to be patentable, it may damage the public perception of the patent system. It may create enormous monopoly power much more than the cost of so-called invention. In the given case since it is a simple concept of mathematics and familiar statistical approach. It is therefore not patentable.

Topics: Patent Law

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