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India is a hub of information technology, with an unprecedented boost in the development of innovative technologies. With breakthrough technological inventions and development of software in past years, it became paramount to protect the innovation and safeguard the interest of inventors.
Fortunately, patent laws in India help in protecting one’s invention and software are no different. The Indian Patent Office has laid out Computer Related Invention Guidelines to streamline the process of obtaining a software patent in India. A patent an exclusive right granted to a person who has invented some new and useful article. an improvement of existing article or a new process of making some article. Patent laws in India ensure that no other person can make, use, distribute or sell any commodity which uses this product or process by granting patent rights to the inventor.The Indian Patents Act, 1970 governs all aspects of the patent in India, including what can and cannot be patented, guidelines for obtaining a patent, procedure for obtaining a patent, tenure of a registered patent, etc. Section 3(k) of the Indian Patents Act, 1970 reads that ‘mathematical or business method or a computer programme per se or algorithms’ do not fall under the category of items that can be patented in India. Therefore, the Patent Office has been rejecting the majority of patent applications for software patent in India, even though they are high on innovation. Copyright registration is commonly used to protect software in India. Computer software and programs can be registered as a literary work as per Section 2(o) of the Copyright Act, 1957. While applying for copyright registration for a software, the ‘Source Code’ must be submitted along with the application to the Copyright Office.
Under the new CRI guidelines, the IPO has taken a more favourable approach towards patentability of CRIs as compared to the past. The revised guidelines are useful to patent applicants and practitioners alike. When it comes to getting a patent in India, computer-related inventions can be really tricky. It is important to clearly describe the invention in such a manner that it is easily comprehensible to laypersons. Computer software which is new, useful and non-obvious process or product combined with a physical device or physical element used to process, operate, or implement a function can be patented in India. With regards to a software patent, following types of Computer-Related Inventions can be patented in India:
However, an invention which is obvious and comes under the ambit of any of the following cannot be patented in India:
With the latest amendment, the IPO shall gear up to receive numerous applications from many companies and startups that have their base in software. Experts also speculate an acute decrease in the number of patent litigation that has been stalling the progress of Indian software fraternity. Want to obtain a software patent in India? Talk to the best IPR lawyers in India at MyAdvo. Email us at firstname.lastname@example.org or call now at 9811782573.