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The contribution of the claimed invention does not lie solely in the excluded subject matter but rather in the combination of the software with the hardware components.

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2019 SCC OnLine Del 11867.

3

2015 SCC OnLine Del 8229.

Signature Not Verified Digitally Signed C.A.(COMM.IPD-PAT) 29/2022 Page 3 of 31
"4. The argument given by applicant for the objection of the office letter dated 28/03/2019 is not convincing due to the following reasons:
The invention is a method/system for performing two level authentications based on cookies. Cookies are the files created by the website and are locally stored in the memory which is nothing but a set of instructions. The alleged invention provide a technique for authentication involve use of two different cookies for authenticated access to a client computer accessing a sub-location in a network location which is a set of instruction in the form of an algorithm performed by the general computing device. The subject matter of claims 1-28 represent a set of algorithm to execute the said instructions in a pre defined sequential manner. It has been implemented on a conventional computing devices and software environment. In claims of the instant alleged invention, computer programs are claimed in the form of system/method claims to process the steps and execute the algorithm.
"8. In IT, the trend is to have software in combination with or embedded in hardware
- such as in computers or cell phones or a variety of other gadgets. Software as such has no patent protection (the protection available is by way of copyright), but the changing technological environment has made it necessary to provide for patents when software has technical applications in industry in combination with hardware. This has been a demand of NASSCOM.
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11. The ordinance is the same as the Bill introduced last year with improvements in some significant respects. We have introduced for patenting of software that is embedded in hardware [...]"

26. The proposed division of Section 3(k) as Section 3(k) and (ka) under the Patents (Amendment) Ordinance, 2004 was opposed.16 Reason for opposition towards introduction Section 3(k) and 3(ka) was noted to be that that computer programs should not be excluded from patentability. The said Ordinance was not ratified by the Parliament. Furthermore, a press release by the Press Information Bureau dated 23rd March, 2005 titled - "Important changes incorporated in the Patents (Amendment) Bill, 2005 as compared to the Patents (Amendment) Bill, 2003" stated the reasons for not ratifying the proposed change to Section 3(k) under the Patents (Amendment) Ordinance, 2004, which reads as follows: