Patents on computer-related inventions in India

Noto La Diega, Guido (2016) Patents on computer-related inventions in India. Intellectual Property Rights, 4 (S1). 009. ISSN 2375-4516

Preview	Text patents-on-computerrelated-inventions-in-india-2375-4516-1000S1-009.pdf - Published Version Available under License Creative Commons Attribution 4.0. Download (315kB) | Preview
	Text (Patents on computer-related inventions in India) Patents on computer-related inventions in India.docx - Accepted Version Restricted to Repository staff only Download (37kB) | Request a copy

Abstract

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 Therefore, the guidelines have been withdrawn and recently a new version has been published.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.

Actions (login required)

View Item

Downloads