Can I Patent Software in India ?

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asked Mar 14, 2014 by anonymous

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The Indian Patent Law does not contain any specific provision regarding the protection of computer software. There are no guidelines or office procedures followed by the Indian patent office regarding computer software (Anna Elizabeth Kuruvilla, 2003). 
Although, computer programs are not patentable per se, however a claim to a manner of manufacture, which results in a tangible product, which requires the application of an algorithm or a particular computer program, may be patentable. India has recently prepared itself for providing patent registrations on software.

Softwares, per se, are intangibles and not protected by patents but are protected by copyrights as applicable to literary and aesthetic works. A computer program is therefore dealt with a literary work and the law and practice in relation to literary works will apply to computer programs. Software include programs, musical and artistic works, studio and video recordings, databases and preparation material associated documents like manuals. Programming languages such Fortran, Basic, Cobol are treated as languages like English, Hindi and are not patentable but protected under copyright. Few countries are contemplating patent type protection even in the case of computer software copyright, which also allows a larger period of protection than the patent law allows.
Mathematical algorithm or computer programs are not held as inventions because they merely describe an abstract idea. They merely solve a mathematical problem and not a practical application or idea. They are considered mental acts as any professional could do with requisite skills.

Src : http://www.naarm.ernet.in/virtual/iprit1.htm

answered Mar 14, 2014 by Rekha Prasad (1,060 points)
selected Mar 14, 2014
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