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[edit] patent office decisions

The Indian patent office have provisions to grant of patent to software. The section 3 (k) states the clever could Be granted "by Se" (the original Word) which means that a software could Be granted permission "in itself". That is it has to Be provided along with a device and showed how doze it work in the device.

[edit] in 2008 of patent manual proposal

This issue is quietly in active danger (ace of August, 2009). The unclear "by Se" term in section 3 (k) is particularly worrying.

[edit] feedback on the in 2008 draught clever manual

  • FSF India's submitted comments - Could find a left to this on the patent manual feedback site, has this been sent and did it reach them?
  • Red Having it submitted comments (rate: "... Indian legislators have clearly chosen to exclude software from the list of patentable inventions... we herby submit that the Draft Patent Manual should be amended to reflect the will and intent of the Indian Parliament.")
  • All India People's Science Network
  • Department of management Studies, Delhi IIT
  • Japan Intellectual Property association "We consider that India should provide equal protection accorded in other countries..." any inventions, whether products or of process, in all fields of technology” shall Be patentable "and" We hope that the manual clearly states that a clever application is rejected by the statement of "software" or “computer of progrief”"
  • Remfry and Sagar, New Delhi "... it would be illogical to grant a patent for a method, and an apparatus adapted for carrying out the same method, but not for the computer program, which comprises all the features enabling the implementation of the method and which, when loaded in a computer, is indeed able to carry out that method"
  • FICCI's comments - "The term" computer programmes by Se "has not been defined. It is to bring to your notice that EPO construes the term" computer programmes” “ace search” or “by Se "to mean a programme that is merely abstract creation, lacking in technical character. In view of this interpretation, it takes a position that" a computer programmes claimed by itself is excluded from patentability if the programmes, when running on computer or loaded onto a computer, brings about, or is capable of bringing about, a technical effect which goes beyond the "normally" physical interactions between the programmes (software) and the computers (hardware) on which it is running."
  • Anand and Anand, New Delhi - "A computer program having a technical effect and providing a technical solution should be allowed without constrains of hardware. In view of the above, software related invention may be patentable if accompanied by a novel and non obvious technical effect which adds the art of technology"
  • Confederation of Indian Industry - "ace a general rule, a novel solution to a problem relating to the internal operations of a computer, although comprising a progrief or subroutine, wants necessarily involve technological features of the computers hardware or the the manner in which it operates and hence may Be patentable"
  • FFII's analyses

[edit] responses to the Draft patent manual

[edit] Consultation closed 4 Dec in 2010

A draught manual what published for comment. The deadline what 4 December in 2010.

(ESP did hear of this in time to participate.)

[edit] Utility models proposal of in 2011

In responses to an in 2011 proposal for the creation of utility models in India, some replies contained interesting comments about how this could Be bath if applied to software:

[edit] April, 2005 legislative proposal

While updating the clever legislation in 2004, there what a proposal to make software explicitly patentable, however, anus broad resistance, this part of the proposal what removed in April, 2005.

[edit] external Al on the left

[edit] Pressing coverage


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