An Overview of Software Patenting


The concept of “intellectual property” in India over the last few years has taken on some epic proportions for a number of reasons. 1 of many reasons, applicable to the growing understanding among the urban American indian population, is of the significance and, more important, the commercial benefits in protecting its intellectual property rights both within and outside India. And under traditional principles of smart property protection, patent regulation is to encourage technological research, new technology and professional progress. The critical principle of patent legislation is that the obvious is granted only for a device i. e. new and useful the said invention must have uniqueness and utility. The give of patent thus becomes of professional property and also called an perceptive property. And the software applications is a relatively new person receiving patent protection. transfer

The term “Patent” has their origin from the term “Letter Patent”. This phrase ‘Letter Patent’ meant available letter and were musical instruments under the Great Close of King of The united kingdom addressed by the Overhead to all the subject matter at large when the Overhead conferred certain rights and privileges on one or even more individuals in the empire. It had been in the later area of the 19th century new inventions in the field of art, process, method or manner of produce, machinery and other chemicals made by manufacturers were on increased and the creators became very much interested that the inventions done by them ought not to be infringed by any one different by copying them or by adopting the methods employed by them. To save the interests of creators, the then British rulers enacted the Indian Us patents and Design Act, 1911.

With respect to patentability of software -related innovations, it is currently one of the most heated up areas of debate. Application is becoming patentable in recent years in most jurisdictions (although with restrictions in a few countries, notably those signatories of the European Particular Convention or EPC) and the number of software patents has risen quickly.


The term “software” has no precise definition and however, software industries fails to give an specific description. Nonetheless it is basically used to describe every one of different types of computer programs. Laptop programs are basically divided into “application programs” and “operating system programs”. Software programs are designed to do specific tasks to be executed through the computer and the functioning system programs are being used to manage the internal functions of the computer to facilitate use of software program.

Although term ‘Software patent’ would not have an universally accepted definition. 1 definition suggested by the Foundation for a No cost Information Infrastructure is that a software patent is a “patent on any performance of a computer realized by means of a computer program”.

In respect to Richard Stallman, the co-developer of the GNU-Linux operating system and advocatte for Free Software says, “Software patents are us patents which cover software ideas, ideas which you would use in developing software.

That is Software us patents refer to patents that could be granted on products or processes (including methods) which include or may include software as an important or at a minimum of necessary part with their implementation, i. e. the shape in which they are put in practice (or used) to produce the result they intend to provide.