Software Patent

Software Patent Overview

Software Patent Overview

INTRODUCTION

The concept of “intellectual property” in India over the last few years has taken on some epic proportions for a number of reasons. One of the main reasons, due to the increasing awareness among India’s urban population, is the importance and, more importantly, the commercial benefits in protecting its intellectual property rights both inside and outside India.

And under the traditional principles of intellectual property protection, patent law is to promote scientific research, new technology and industrial progress. The basic principle of patent law is that a patent is granted only for an invention i.e. new and useful the invention must have both novelty and utility. The granting of patents thus becomes industrial property and is also called intellectual property. And computer software is a relatively new recipient of patent protection.

The term “Patent” comes from the term “Patent Letter”. This expression ‘Patent Letter’ means an open letter and is an instrument under the Great Seal of the King of England which is addressed by the Crown to all common people whereby the Crown grants certain rights and privileges to one or more individuals in the kingdom. .

At the end of the 19th century new discoveries in the field of art, processes, methods or methods of manufacture, machines and other substances produced by manufacturers increased and inventors became very interested so that the discoveries made by them should not be violated by others. by copying them or by adopting the methods used by them. To save the interests of the inventors, the British rulers at that time enacted the Patents and Designs Act of India, 1911.

With regard to invention patents related to software, it is currently one of the most heated areas of debate. Software has become patentable in recent years in most jurisdictions … Read more