Patents on computer-related inventions in India
Noto La Diega, Guido (2016) Patents on computer-related inventions in India. Intellectual Property Rights: Open Access, 2016 (S1). (https://doi.org/10.4172/2375-4516.1000S1-009)
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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 Therefore, the guidelines have been withdrawn and recently a new version has been published.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.
ORCID iDs
Noto La Diega, Guido ORCID: https://orcid.org/0000-0001-6918-5398;-
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Item type: Article ID code: 90389 Dates: DateEvent28 November 2016Published11 November 2016AcceptedSubjects: Law > Law (General) Department: Faculty of Humanities and Social Sciences (HaSS) > Strathclyde Law School > Law Depositing user: Pure Administrator Date deposited: 28 Aug 2024 10:00 Last modified: 02 Oct 2024 00:43 URI: https://strathprints.strath.ac.uk/id/eprint/90389