Patents on Computer-Related Inventions in India
Guido Noto La Diega*
Northumbria University; President of ‘Ital-IoT’; cultore della materia in diritto privato and diritto d’autore at the Università degli Studi di Palermo, UK
- *Corresponding Author:
- Noto La Diega G
Lecturer in Law at the Northumbria University
President of ‘Ital-IoT’
Visiting Lecturer in Private Law and
Copyright Law at University Of Palermo, UK
E-mail: [email protected]
Received Date: October 21, 2016; Accepted Date: November 11, 2016; Published Date: November 28, 2016
Citation: Noto La Diega G (2016) Patents on Computer-Related Inventions in India. Intel Prop Rights. S1:009. doi: 10.4172/2375-4516.1000S1-009
Copyright: © 2016 Noto La Diega G. This is an open-access article distributed under the terms of the Creative Commons Attribution License, which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited.
In India, sec. 3(k) of the Patents Act 1970 clearly excludes the patentability of computer programmes per se. For many years, the regime of computer-implemented inventions has been unclear, until the Controller General of Patents, Designs and Trade Marks (the Indian homologous of the Intellectual Property Office) issued its Guidelines on the examination of computer-related inventions. Notably, this gave rise the civil society’s protests; indeed, there was the fear that the government was surreptisciously allowing the patentability of computer programmes per se. Therefore, the guidelines have been withdrawn and recently a new version has been published. It openly reaffirms the exclusion of the software patents and introduces a three-step test to determine the applicability of sec. 3(k) of the Patents Act to computer-related inventions. This opinion focuses the new guidance, by placing it in the context of the leading role of India in the technological and social developments revolving around the Internet of Things.