Computer programmes with no unique hardware are not patentable
Q. Which of the following is/are true?
1) Business methods and mathematical models are patentable.
2) Standalone software / Computer programmes with no unique hardware are not patentable.- Published on 23 Feb 16a. Only 1
b. Only 2
c. Both 1 and 2
d. Neither 1 nor 2
ANSWER: Only 2
- The implication of these guidelines is that start-ups and software developers will continue to have the freedom to innovate without worrying about litigation in this area and infringement notices.
- Mere computer programmes — those not in conjunction with a novel hardware — will not be granted patent in India, according to the latest guidelines of the Office of the Controller General of Patents, Designs & Trade Marks (CGPDTM). The Office of CGPDTM supervises the working of Intellectual Property Rights (IPR) laws in India.
- The new guidelines have been aligned to the Patents Act. The objective of the guidelines is to bring out clarity in terms of exclusions expected under sub-section 3(k) of the Patents Act so that eligible applications of patents relating to Computer Related Inventions (CRIs) can be examined speedily, the CGPDTM said. The sub-section 3(k) says mathematical methods or business methods or computer programme per se or algorithms are not patentable.
- The CGPDTM asked the patent examiners to rely on a three stage test in examining CRI patent applications. ‘Properly construe the claim and identify the actual contribution; If the contribution lies only in mathematical method, business method or algorithm, deny the claim,’ it said. ‘The computer programme in itself is never patentable... If the contribution lies in the field of computer programme, check whether it is claimed in conjunction with a novel hardware and proceed to other steps to determine patentability with respect to the invention,’ it added.
