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What is Software Patent? What is The Software Patent Policy In India

What is Software Patent? What is The Software Patent Policy In India What is Software Patent? What is The Software Patent Policy In India

What is Software Patent?

software patent in india

A patent is a set of exclusionary rights granted by a state to a patent holder for a limited period of time, usually 20 years.

These rights are granted to patent applicants in exchange for their disclosure of the inventions.

Once a patent is granted in a given country, no person may make, use, sell or import/export the claimed invention in that country without the permission of the patent holder.

Computers have become an integral part of our lives. People use it for an amount of personal and specialist purposes.

You could find a number of software applications and tools meant for a number of businesses.

The computer system is a blend of both hardware and software; hence it could be termed as your intellectual property.

Hence people following making dissimilar software applications and packages are seen going for a patent office to register it in their name.

But the problem of software patents is seen being a very much controversial issue with a myriad of them are seen demanding to abolish the plan of software patents.

They have their own reasons for opposing it, yet you could find a number of merits involved in this idea.

This is the basic reason, why you could still patents in software world existing.

Patents, 
which are given to software programs and techniques along with the other computer-implemented ideas and invention fall under the term called as software patents. 

The patents have elements like a feature of an invention that could be implemented partially or completely with the help of the software.

Additionally, with the help of patents, you could even cover things like supplementary hardware implementations or enjoy business method patents.

In this fashion, people going for a patent for their software application idea or programs are able to enjoy full ownership of their products without even worrying much about its misuse or exploitation.

You will not find any standard definition for the software patent since it lacks behind any universally accepted definition.

However, the definition from the Foundation for Free Facts Infrastructure (FFII) is considered as the standard ones. 

It says that software patent is a category of a patent that works on the basis of any performance of the computer, which is realized by any means of a computer program.

The basic reason, why the attorneys simply avoid discussing this subject is that it has hardly any legal effects under the current laws found in the US.

The similar is the story found in Europe, wherein the plan of software patent has not much consequence.

The Software Patent Policy In India

In India, a clause to include software patents was quashed by the Indian Parliament in April 2005.

However, following the publication of the new guidelines on the examination of computer-related inventions on 19 February 2016, the Office of the Controller General of Patents, Designs,

and Trademarks accept applications for software patents, as long as the software is claimed in conjunction with novel hardware.

On 30 June 2017, revised guidelines on the examination of the computer-related inventions were published. This 2017 guideline provides clarity on the patentability of software invention in India, ie.,

the claimed computer-related invention needs to be ascertained whether it is of a technical nature involving technical advancement as compared to the existing knowledge or having economic significance or both, and is not subject to exclusion under Section 3 of the Patents Act.

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NEtechy: What is Software Patent? What is The Software Patent Policy In India
What is Software Patent? What is The Software Patent Policy In India
What is Software Patent? What is The Software Patent Policy In India What is Software Patent? What is The Software Patent Policy In India
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