Somfy SAS provides windows and doors. The enterprise provides automatic monitoring equipment for openings and closures in residences and buildings, awnings, blinds, facades, garage doors, security grilles, shutters, and other similar services. Somfy offers it services to customers all over the world.
In India, the business of Somfy SAS focuses on Method for generating control signals for managing the operation of a synchronous motor, control device and actuator, winding device for a windable screen and closure or sun-protection home-automation installation including such a device, and Electromechanical actuator and home automation installation comprising such an electromechanical actuator
Somfy SAS filed a patent application numbered 2558/DEL/2009 that is titled METHOD OF OPERATING A HOME AUTOMATION SYSTEM. The patent has been filed in the field of Computer Science. This Patent Application has been granted as Patent Number 352115. This invention relates to a method of operating a home automation system comprising one home automation equipment item of a building, the home automation equipment item being associated with a specific equipment control means. It also includes a device for controlling this home automation equipment item, with a display and control screen on which a portion of the screen is assigned to the display of a first graphic representation, associated with this equipment item.
During the patent examination, the Patent Examiner raised objections under Section 3(k) of the Patents Act, 1970 (as amended) as the subject matter of certain claims recite computer instructions. The instruction is nothing but a computer program per se. Hence the subject matter of said claim falls within the scope of clause (k) of section (3) of the Patents Act, 1970 (as amended). Therefore, the invention claimed in the said claim is not patentable.
As a response, the Applicant submitted that mere reference to the use of a ‘procedure’ or a ‘method’ or an ‘algorithm’ in an apparatus which comprises of various network or hardware elements, components, etc. so as to bring about a technical effect or to perform a technical process does not reduce /make the claimed invention an algorithm or computer program per se or even a mathematical method or formula as contemplated under section 3(k).’ Applying the same principle of law to the present application, the claims do not refer to an algorithm.
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.
Quoted in and contributed to 50+ national & international publications (Bloomberg, FirstPost, SwissInfo, Outlook Money, Yahoo News, Times of India, Economic Times, Business Standard, Quartz, Global Legal Post, International Bar Association, LawAsia, BioSpectrum Asia, Digital News Asia, e27, Leaders Speak, Entrepreneur India, VCCircle, AutoTech).
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