Computer Software & Business Method Patents In India

November 8, 2017 Posted by kyu7

India, like European Union, does not allow patents for inventions related to mathematical or business method or computer programme “per se” or algorithms. The relevant provision under the Indian Patents Act reads as under:

CHAPTER II
INVENTIONS NOT PATENTABLE

3. What are not inventions.- the following are not inventions within the meaning of this act,–
(k) a mathematical or business method or computer programme per se or algorithms;
The Section makes it amply clear that algorithms are not patentable in India. Though as per the Indian Patent Act, mathematical method, business method or computer programme per se are not allowed. The draft patent manual defines how inventions pertaining to above should be handled by the Indian Examiners and lays down parameters under which such inventions shall be patentable in India.

The proposed patent manual defines computer implemented invention as any invention the performance of which involves the use of computer, computer network or other programmable apparatus, or an invention one or more features which are realized wholly or partially by means of a computer programme/ programmes. Further, patent manual defines Computer programmes as a set of instructions for controlling a sequence of operations of a data processing system which closely resembles a mathematical method. Computer programme may be expressed in various forms e.g., a series of verbal statements, a flowchart, an algorithm, or other coded form and maybe presented in a form suitable for direct entry into a particular computer, or may require transcription into a different format (computer language). It may merely be written on paper or recorded on some machine readable medium such as magnetic tape or disc or optically scanned record, or it maybe permanently recorded in a control store forming part of a computer.

Though proposed patent manual emphasises on disclosure of mode of operation for inventions involving apparatus and necessary sequence of steps for process related invention, yet it lays down categorically that a hardware implementation performing a novel function is not patentable if that particular hardware system is known or is obvious irrespective of the function performed. It manifests that for such kind of invention insertion of method steps in apparatus or some dependency shall be required to make them non-obvious.

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