Indian Patent office turns down invention-related application of Facebook

'No novel and/or inventive hardware features are defined in the claims', said the patent office

Indian Patent Office has refused an application filed by Facebook related to an invention, alleging that it is it patentable under Section 3(k) of the Patents Act and does not define any novel or inventive hardware features.

The company filed the application in 2007 on an invention on analysing a query log for use in managing category-specific electronic content, which would be useful for the users in selecting an electronic content through search.

The order by the Delhi Patent Office said the claims by the company on method define algorithmic operations and, thus, are not allowable under Section 3(k) of the Patents Act, 1970. “No novel and/or inventive hardware features are defined in the claims,” it said. 

“...the invention as claimed falls within the scope of Section 3(k) of the Patents Act - 1970 (as amended) and is therefore not allowable. The application is, as such, refused a patent under section 15 of The Patents Act - 1970 (as amended)," said the order.

The Section 3(k) of the Act says that a mathematical or business method or a computer programme per se or algorithms are not patentable. According to documents from Patent Office, the application was originally filed by AOL LLC, in 2007.