THE LEGAL QUAGMIRE SURROUNDING SOFTWARE PATENTS
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Abstract
With the advent of Internet of things and software industry’s remarkable growth around the world, one would think the law surrounding patentability of software programmes would be sound. To the contrary, Software patenting continues to be ambiguous in respect of patentable subject matter, patent procuration and the scope of protection. The law is not concrete anywhere in the world, let alone India. Conflicting judicial precedents and varied practices across the world have only compounded the applicants’ problem. This paper tries to present an overview on the law relating to Software Patenting in our country by giving a proper argument for and against the same by highlighting various precedents from across the globe and concludes with suggestions on the need to evolve a common global practice for software patenting.
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