In my opinion software are patentable subject matter because high end software\’s which control the working of any apparatus, mechanical machines, electrical machines involve sending (digital) signals to the connected device and receiving digital signals from the device in order to take input from the device and giving output to the device. To develop the input output signal transmission mechanism involves the innovative creation of interfacing circuits and sensors which collect the data of events happening in the external world and process it in order to perform the desired work. We can say that software programming involves the knowledge of the working of the whole device whether it may me mechanical device, electrical device, electronic device, medical device etc. Making a machine work properly involves developing the software code which implements the communication protocol of the concerned device. The communication protocol may be different for n number of devices. By way of example we can say that the work performed by such softwares cannot be done by a human because it may involve sensing of high temperature and switching off the fuel injection into the combustion chamber. This particular work may be performed with such a high speed that only a computer software can control such apparatus. The computer software should have speed higher than the \’rate of combustion of fuel\’ than only it can measure the speed of the combustion in combustion chamber. The software can measure the \’rate of combustion\’ if the execution speed of the computer machine is! sufficiently higher than the real world events (in this case the rate of combustion). The need to capture the high speed events in the real world triggers the creation of high speed computer softwares which in turn triggers the innovation of high speed computer machines.

• By Vipin Kumar, Attorney

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4 Responses to “The Battle On Software Patents Continues – How Would You Resolve It?”

1. Heine Says:
   February 10th, 2010 at 10:18 pm

   very good article. i promise to apply some of these in my blog. thanks!

2. Sydney Weigelt Says:
   March 23rd, 2010 at 5:33 pm

   Thanks for that great article. Really educational.

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