What is the Meaning of Software Patents? – An Overview

The speedy growing software industry and rapidly advancements or developments of technology have made it vital to safeguard the IP or Intellectual Property vested in the software, programs, and machines that use such software and programs. Software is a set of commands that orders the system operation and are indefinable in nature. Because of this nature of the software, it falls outside the group of any traditional goods and hence, it won’t be justified to take care of the same in a manner with other goods.

Computer programs and software face aggressive competition in the marketplace and are helpless to suffer undue piracy and be copied or misused. Moreover, due to intense competition, there is a severe threat of being out of date very soon as the competitors might bring a challenging product speedily. Software protection under the Intellectual Property Right mechanism will not only safeguard the economic interest of the holder however also deliver creativity & innovation. Scroll down to check detailed information regarding the Software Patents.

An Overview of Software Patents

Software Patents are a kind of Patent on the part of software such as UI or User Interface, Computer Program, Algorithms, and Libraries. Such Patents deliver much better protection to the software developers as compared to Copyright Law. Under the Patents Act, 1970, an invention consists of software also. Such Patent is an exclusive right offered by the State Government to the owner of a specific piece of software. Getting Software Patent Registration ensures the owner that no one can misuse, copy, or adapted the patented software without any permission of the actual owner of patented software. Usually, a software patent right is granted for twenty years, and it is delivered to the applicant in exchange for the revelation of their inventions.

Cost and Relevancy of Software Patents

The cost of software Patent audit implementation may be much superior and is subject to the complexity and the needs of the Patent type. Similar to other categories of Patents, software Patents should be applied as per the nation/region.

As we know, that software is not patented in India. But, the software can be patented only if the invention is both innovative and capable of industrial usage. This is regulated under the Patents (Amendments) Act, 2002^[1], through the new projected Clause K and includes the term “per se” attached to a computer program. In this clause, the word per se was inserted that means in itself or such as or by itself or intrinsically.

The primary purpose of inserting this term was to simplify the meaning of computer programs because sometimes the computer program may consist of other things. The primary intention of doing such a thing was not to refuse them but to grant Patent only to innovative or unique inventions, and such innovations also useful for industries.

Why is it Necessary to Get Your Software Patented?

Software Patent can grant you two advantages:

1. No one can manufacture, sell or use your software for the commercial purpose without permission, throughout the time for which the Patent is registered;
2. The fact that prescribed under the Indian Law, a Patent is granted by Patent Registration for twenty years protects you from the trouble of regular renewals and further expenditure.

Concerns with Software Patents

Following are some concerns for Software Patents are:

1. Authorizing the patenting of software may lead to solid innovation in the world of advanced technology, as there might be dependencies & interdependencies for a variety of software and dishearten the same. Determining these is simple, even for designers or developers of software application;
2. There may be lawful and technical difficulties related to understanding software innovation and linked with technical requirements;
3. Software Patent may consist of the protection of unimportant concepts or thoughts that may have commercial value. The lawful borders used to describe a conceptual idea are not well-defined and may differ as per the law and region;
4. Non-patentable & Patentable Software doesn’t have an internationally recognized separation.

Exclusions and Inclusions for getting Software Patent Registration

Patent are governed under the Patent (Amendment) Act, which comes into action on 20^th May 2003. In this alteration, the following sort of inventions was exclusively disqualified from Patent Registration;

• Method, plan, or rule of performing mental act or way of playing games, etc.;
• Mathematical method/Business method/a computer program per se or algorithms;
• Topography of ICS;
• Artistic, dramatic, musical, literary or any other aesthetic creation consisting of cinematographic works and TV production;
• Photography of integrated circuits or information presentation.

How to Obtain Software Patented?

Under the Patents Act, 1970, the software is not patentable as a fact because the law, while expressing what all isn’t patentable, undoubtedly mentions “Computer Programs per se”. But, as per the practice that IPO or Indian Patent Office has been following till date, software patents are decided only if the matter of a subject for which Patent is being enquired is not just software.

It should include some mechanical system or device to which the software is joint so that the software can produce a technical or valuable or beneficial outcome and thus help in the device’s operative. In simple words, if the matter of the subject of your application for the Patent Registration is just a computer program, it can’t be patented. However, if it is a definite solid device combined with software such that in the view of the Patent Office, it seems to be something more than a computer program per se, only then a Patent will be settled.

Conclusion

You can obtain your registered software Patent from your concerned State Government if your software lies under the definite criteria for receiving the Patent. According to the Patents (Amendment) Act, 2002, if your software is creative or innovative and serves for the betterment and valuable for the industry, your software is eligible for obtaining its Patent Registration.

Read our article:Significance of Statement of Working For Patenting System in India