THE CONCEPT OF SOFTWARE PATENTING IN INDIA & THE WORLD
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Abstract
India like European Union does not permit patents for innovations identified with programming. Even when only some years ago in 2004-2005, The Government of India presented an ordinance to be passed which would make all inventions relating to software used in computers like desktop, cell phones, television sets etc. along with the ones having industrial application as covered by the meaning of “patentable invention” via amendment of the section 3 clause (k) given in chapter II of Indian Patent Act, 1970. This ordinance could not go through because of serious reservations and protests of the opposition.
India appears to have pursued the more moderate methodology of the Europeans while protecting standards for programming. Be that as it may, the Ordinance unquestionably has its utilization and pertinence in today's India, especially for our developing household semi-conductor industry. This, alongside legal treating may guarantee a sensible utilization of patent insurance while permitting the business to develop through advancements and creations, consequently, relieving the dangers of insignificant licenses chocking the life out of genuine advancements and innovations. This is the reason a patent ought to dependably be dealt with as a "double edged sword", to be wielded with alert and affectability. Presently whether, in actuality this will be actualized on an unbending premise or will get to be expansive in degree through application, all the more essentially, whether the Ordinance would, truth be told, result in expanded advancement and innovations in the product business, stays to be seen.
By the means of this article, we aim to discuss and study the current scenario with respect to software patents and any changes that need to be brought in this area of IPR.
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