MICROSOFT TECHNOLOGY LICENSING, LLC. GRANTED PATENT FOR SCALABLE CLUSTERING.

Microsoft Licensing LLC was founded in 2003 and the Company largely operates as a business that provides computer processing and data preparation services.

In India the business of Microsoft Technology Licensing LLC focuses on Intelligent configuration management of user devices, using user feedback to rank search results, discovering schema using anchor attributes, Hybrid two-dimensional barcode reader, Smart discovery of wireless receivers, Private information retrieval with probabilistic batch codes and Busy day inference for users.

Microsoft Technology Licensing LLC filed a patent application numbered 7775/DELNP/2011 that is titled SCALABLE CLUSTERING. The patent has been filed in the field of Computer Science. This Patent Application has been granted as Patent Number 351807. This invention relates to a scalable clustering system. The clustering system works for large scale applications where numerous items possessing various features are clustered. The system utilizes a probabilistic cluster prototype that models uncertainty in the content set where the data can include advertisements that are prescribed to keywords, articles with text keywords, pictures with identical elements, or additional items. The system is employed to formulate different elements for associating with a given item. The other elements that are produced have associated probability values which can be utilized to list those elements in some embodiments. User feedback on the produced elements is obtained and utilized to modify the feature generation process in some instances.

During the patent examination, the Patent Examiner raised objections under Section 3(k) of the Patents Act, 1970 (as amended) as the claims relate to a computer-implemented method of clustering items, which is a computer algorithm. Some Claims also disclose a clustering system that is purely functional in nature. It lacks technical feature since there is no hardware support to carry the function.

As a response, the Applicant submitted that the invention as claimed in the amended claims is not excluded as algorithm or computer program per se under Section 3(k) of the Act. Under the CRI Guidelines of June 2017, an invention should be judged from the substance of the claim as a whole. It also needs to be assessed whether the invention has practical application to determine whether it is excluded from patentability under Section 3(k). The invention as claimed in the amended claims describes techniques for clustering a plurality of items and is not excluded under Section 3(k) of the Act.

Advocate Rahul Dev is a Patent Attorney & International Business Lawyer practicing Technology, Intellectual Property & Corporate Laws. He is reachable at rd (at) patentbusinesslawyer (dot) com & @rdpatentlawyer on Twitter.

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