Description

The AI Development Committee and the Policy Innovation Committee of ISAIL.IN hosted a Joint Committee session to discuss the features of the draft Computer-Related Inventions Guidelines by the Indian Patent Office on April 5, 2025. This document constitutes comments by the Indian Society of Artificial Intelligence and Law as an outcome of the session held on April 5.

Incumbent Members of the Committee Sessions

• Kailash Chauhan (Chairperson, AI Development Committee, Indian Society of Artificial Intelligence and Law)
• Ayush Chandra (Chairperson, Policy Innovation Committee, Indian Society of Artificial Intelligence and Law)
• Bogdan Grigorescu (Vice-President, Advisory Council, Indian Society of Artificial Intelligence and Law)
• Abhivardhan (President, Indian Society of Artificial Intelligence and Law)

Discussion Points for the Committee Session

The discussion focused on the following points broadly:

• Technical Effect in AI and ML:
  • Definition and examples of “technical effect” in AI/ML contexts.
  • Demonstrating technical solutions to technical problems in AI/ML inventions.
  • Analysis of guideline examples, such as the CNN for traffic sign detection.
• Patentability of Algorithms:
  • Conditions under which algorithms can be patented in AI/ML systems.
  • Distinction between purely instructional algorithms and those with technical effects.
  • Influence of recent case laws on algorithm patentability.
  • How these cases shape the interpretation of Section 3(k) for AI/ML inventions.
• Disclosure for Reinforcement Learning:
  • Specific description of agent interactions, states, actions, and rewards.
• Analysis of Example Claims:
  • Examination of patentable examples involving AI/ML, such as Example 7.
  • Understanding why certain claims are patentable while others are not.

The comments are compiled and drafted by Kailash Chauhan, Chairperson of the AI Development Committee, ISAIL.IN with special inputs on Natural Language Processing by Abhivardhan, President, Indian Society of Artificial Intelligence and Law (ISAIL.IN).