Patents on Computer-Related Inventions in India
Received Date: Oct 21, 2016 / Accepted Date: Nov 11, 2016 / Published Date: Nov 28, 2016
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 Therefore, the guidelines have been withdrawn and recently a new version has been published.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.
Keywords: Computer-related inventions, India;, Internet of things, Computer programs, Patentability
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.
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