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Author Topic: Patentability of Software in India  (Read 1329 times)

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Offline advbose

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Patentability of Software in India
« on: August 21, 2013, 11:42:59 PM »
Section 3(k) of the Patents Act, 1970
excluded “computer programme” from the scope of patentability.

This exclusion met with conflicting interpretations at the patent office, with some examiners granting patents to software combined with hardware or software with a demonstrable technical application of some sort.

The 2004 Ordinance therefore qualified this exclusion by stating that software with a “technical application” to industry or when “combined with hardware” would be patentable. Owing to vigorous opposition from the free software movement, this provision was removed from the 2005 Act.

Thus the earlier stand under the Patents Act, 1970 that a computer programme is not patentable prevails.

Offline amanthapeterson

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Re: Patentability of Software in India
« Reply #1 on: November 27, 2013, 03:22:45 AM »
The related software With the tremendous rise and growth of computer technologies, and the software industry over the last few decades, and a sector that spans across industries, it has become increasingly important to provide IP protection in this technological realm. One is liable to know atleast that much about such a software.

 

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