Method Patent Claims Objection by Indian Patent Office

How to Respond to Patent Objection in India under PCT?

Patent objection raised by Indian patent office examiner to inventions related to algorithm based innovations

Common patent objection #methodpatentclaims executing steps as which are a set of a predefined sequence of steps used to implement an #algorithm, without disclosing any functional limitations pertaining to enablement of features as claimed in form of method steps.

In a world where terms and conditions appear everywhere, we can’t help but be suspicious about ‘catches’ that exist within particular clauses or how we might set ourselves up for trouble by possibly agreeing to something. Thereby it is imperative to understand legal language as to how to draft patent application which will withstand the objections raised by patent examiner.

Patent simply is a kind of IPRs and in AI one important subject where research has gained momentum is Deep reinforcement modules. Scientists globally are working on Deep reinforcement learning. Deep reinforcement learning is able to yield great results for a large array of problems, but AI models are generally retrained anew for each new problem to be solved.

IPR Patent Attorney aka Patent Agent is trained to represent inventors before Indian Patent Office. Strategic approach is required to respond to algorithm modules based patent applications.

Sample Algorithm Based Innovation

  1. An apparatus comprising: a cache; a plurality of packed data registers; a decoder to decode an instruction that is to indicate a first source of a first packed data that is to include state data elements g, and h, for a current round (i) of a secure hash algorithm 2 (SHA2) hash algorithm, wherein the first packed data is to have a width in bits that is less than a combined width in bits of eight state data elements ai, bi, ci, di, ei, fi, the gi, and the hof the SHA2 hash algorithm, and the instruction to indicate a second source of a second packed data that is to represent message and constant inputs for the current round and for one round after the current round, wherein at least one of the first source and the second source are to include the state data elements eand fi; an execution unit including circuitry coupled with the plurality of the packed data registers and the decoder, the execution unit operable to store a result in a destination indicated by the instruction, wherein the destination is to comprise a register of the apparatus, the result to include: a first sum that is to include the state element hadded to a message input for the current round (W(i)) added to a constant input for the current round (K(i)) added to an evaluation of a Ch function with the state elements ei, fi, and gfor the current round added to an evaluation of a Σfunction with the state element efor the current round; and a second sum that is to include the state element g, added to a message input for one round after the current round W(i+1) added to a constant input for one round after the current round K(i+1).

Sample two Patent Claim for AI Invention

1. An apparatus, comprising: An Artificial Intelligence (“AI”) engine having multiple independent modules hosted on one or more computing platforms, where the multiple independent modules are configured to have any instructions associated with that module executed by one or more processors in the one or more computing platforms, and the instructions associated with multiple independent modules are configured to be loaded into one or more memories of the one or more computing platforms; where the AI engine has a user interface for one or more users in a user’s organization to supply information to and/or receive information from the multiple independent modules; where a first module, such as a hyper learner process in an architect module, in the AI engine is configured to choose from a library of algorithms to use when automatically assembling and building different learning topologies to solve different concepts making up a resulting AI model, where the AI engine is configured to integrate both i) one or more dynamic programming training algorithms as well as ii) one or more policy optimization algorithms to build the different learning topologies to solve the different concepts contained with an AI model in order to solve a wide variety of problem types, where each concept contained in the AI model then can use a most appropriate approach for achieving a mission of that concept, where a learning topology representing a first concept is built by the first module with a first dynamic programming training algorithm, while a learning topology representing a second concept in the same AI model is built by the first module with a first policy optimization algorithm.

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Fees and Charges for Filing International Patent Application before WIPO Geneva

Kind of Fee or ChargesAmount (INR)
1Search fee (Rule 16.1(a))10000 (2500)”
2Additional fee (Rule 40.2(a))10000 (2500)”
3Protest fee (Rule 40.2(e) and 68.3(e))4000 (1000)”
4Late furnishing fee (Rule 13ter.1(c) and 13ter.2)4000 (1000)”
5Preliminary examination fee (Rule 58.1(b)):
 – where the international search report was issued by the Authority10000 (2500)”
 -in other cases12000 (3000)”
6Additional fee (Rule 68.3(a)): 
 –where the international search report was issued by the Authority 10000 (2500)”
 –in other cases 12000 (3000)”
7Cost of copies (Rules 44.3(b), 71.2(b) and 94.2), per page 10
”  The amount in parentheses is applicable in case of filing by an individual.
Source: IPO

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