Is soft ware (Computer Programs) patenting allowed in India??? A patent protects an invention The law across the globe requires that an invention must be : • New or Novel • Involving a technical step • Capable of industrial application A patent grants the inventor an exclusive right to commercially exploit an invention for a limited period, in lieu of inventor making it available to general public. Software has been instrumental in growth of each and every field, be it science, mathematics, industry, art, literature. Its impact can now be felt in every aspect of our lives, so it is hard to ignore its significance.. In USA, patenting software is as easy as getting a patent for a peanut butter (Yes, United States Patent and Trademark Office, USPTO, has granted a patent for that too). In Japan also, patenting of software is readily done. In Europe the law is still in developing stage In India, Law has taken its own course, from a “for” to “against” direction. From the days of Patents and Designs Act, 1911, when there was no such provision of Patenting a Software to current law of Section 3 of Indian Patent Act, 1970 (as amended in 2002), where it expressly bars the Patenting of Software Programmers per se, we can see a step ahead approach but an approach making less business sense for Indian Corporate Sector. An Ordinance was promulgated on December 27, 2004, increasing the scope of software patenting. However, due to political pressure the debatable provision of Controversial Bill was dropped. In India, however current position is again back to stage where software can not be patented, unless drafted in a manner that may pass the scrutiny of Patent Examiner. Until a uniformity could be seen the current standards across the globe, parties will keep looking for alternative means to protect their software. I feel software, the need of which in each and every field be it science, mathematics, industry, art, literature is Software has been instrumental in growth of each and every field, be it science, mathematics, industry, art, literature is growing so should be easily allowed to be patented.

I would welcome your comments on the same.

• By Amarjeet Kaur, Attorney

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8 Responses to “Is software (Computer Programs) patenting allowed in India???”

1. The Saxon Chronicles Says:
   December 13th, 2009 at 7:46 am

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3. ELC Says:
   December 13th, 2009 at 9:31 am

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   December 22nd, 2009 at 2:40 am

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   December 22nd, 2009 at 2:41 am

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