Chennai Patent Registration for Computer Related Inventions
consist of inventions which involve the use of computers, computer networks or other programmable equipment and include inventions which require computer programme or programmes for operating.
Not all types of software-related innovation can enjoy patent protection. To be eligible for patent protection, an invention must meet several criteria. Thus, mere economic theories, methods of doing business, mathematical methods or computer programs as such are not patentable “inventions”.
As per the Guidelines for Examination of Computer- Related Inventions by the office of the Controller General of Patents, Designs, and Trademarks, the computer Related Inventions are defined as those that involve:
- The use of computers
- Computer networks
- Other programmable apparatus
- Inventions with one or more features that are realized wholly or partially by means of a computer programme
Software Patent Registration is Allowed in Chennai, Bangalore, Hyderabad and across India?
Software by itself is not patentable in India. However, software can be patented if it is part of an invention that is both inventive and capable of industrial use.
The computer-related invention guidelines issued in 2016 may discourage software companies from investing in India as a major chunk of their patent portfolios are unpatentable in the country. In the long run, with no patent protection for these portfolios, a surge in software piracy may also result.
Requirement of getting software patent registration
In order to obtain a patent in India, an invention must fulfill four criteria:
- Novelty – “new invention” means any invention or technology which has not been anticipated by publication in any document or used in the country or elsewhere in the world before the date of filing of patent application with complete specification, i.e. the subject matter is not in public domain or does not form part of the state of the art.
- Industrial Applicability is capable of being made or used in the industry.
- Inventive Step means a feature of an invention that involves technical advancement as compared to existing knowledge or having economic significance or both and that makes the invention non obvious to a person skilled in the art.
- Patentability exclusion for software or computer program: – Mathematical business method computer programme per se or algorithms.
Patentability exclusion for software or computer program explains specifically subject matter which is novel/new product or process, with an inventive step and capable of industrial application qualify for patent if it falls under Section 3(k) of the Indian Patents Act, 1970. Nevertheless, not all computer- related invention falls under Section 3(k) or that computer- related inventions which are outside the scope of Section 3(k) are patentable in India. For instance, if the main essence/contribution/ function of the proposed invention lies solely in the computer program, the invention is not patentable as per Section 3(k) of the Patents Act, 1970. Conversely, if the main essence/contribution/function of the proposed invention lies in the computer program as well as hardware, the invention does not fall under Section 3(k) and shall be judged on other criteria of patentability.
Why not Software Patent?
The patents for software per se are not allowed in India so as to allow the software programmers or coders to access the open source software. In a developing country like India, in case if the software is patented, it restricts the programmers or coders from accessing the patented programs. Accordingly, Section 3 (k)does not allow patents related to software without any hardware applicability. It is important to note that Section 3(k)does not intend to fully ban the software patents in India. It only explains that computer programs per se are not patentable. The phrase computer programs per se’ has not been defined and it has therefore been the source of some ambiguity. To this end, the Government passed some Guidelines that help to define the extent or rather the manner in which software inventions are patentable.
Contact us now for Patent Registration
Patent Registration in Chennai
+91 96001 89905,
+91 90711 04025,
+91 44 48 631316
Patent Registration in Hyderabad
+91 96001 89905,
+91 90711 04025
Patent Registration in Bangalore
+91 88612 45682,
+91 73585 23180
Patent Registration in India
+91 96001 89905