Patent an overview
Can we register a Software or Mobile Application in India? Does the law supports that? we are going to see in the article, who to protect a Software under Intellectual Property in India.
Fundamentally, patent protects inventions & encourages innovation & scientific commercial developments. It endorse the inventor to gain exclusive benefits in exchange for their inventions. For getting patent, the invention must comply with three conditions under patent:
Novelty- The Main Condition
Inventive step or Non-Obviousness
Capable of Industrial Application
Software Patent in India
An independent software by itself cannot be Patented in India. But, software can be patented if it is part of an invention. As per Section 3(k)(f) of the Patent Act says, If the claimed subject matter in a patent application is only a computer programme, it is considered as a computer programme per se and hence not patentable.”
Further, the Controller of Patents issued guidelines related to ‘Computer Related Inventions’ by way of Guidelines in the year 2016. It says that, even patents on computer programs could not be granted unless the inventor could show that the invention included a computer program “in conjunction with a novel hardware” (also known as ‘novel hardware requirement’)
Software Patent US vs India
The Indian patent Act does not give a proper description of the term ‘software’. But, Section 2 of the Copyright Act, 1957 a computer program is defined as “a set of instructions expressed in words, codes, schemes or in any other form, including a machine readable medium, capable of causing a computer to perform a particular task or achieve a particular result”. Further Section 3(k) of the Patents Act excludes computer program per se from the patentable subject matter.
In the United States, patent protection for software-related inventions is limited to those on recordable media, not to computer programs themselves.
A granted patent is provided for a term, in general, for 20 years from the date of filing the patent application.