Software Patents in India

Happened to read an article (political?) about an amendment to the patent law in India. Here is what the article had to say about the amendment.

The Indian Patent Act, as modified in 2002 had made non patentable the following:
“a mathematical method or a business method or a computer prgramme per se or algorithms”.The recent amendment states instead:
“a computer programme per se other than its technical application to industry or a combination with hardware; a mathematical method or a business method or algorithms;”

[...]

Why is patenting a problem for the software industry? After patenting was allowed in the US, smaller developers and independent software companies have been under severe attack. Large companies have the ability to buy up patents, keep on filing patents and can tie up smaller companies in costly law suits for years. Therefore, moving from a copyright regime to a software patenting one, simply makes the cost of developing new software many times higher. Copyright is virtually automatic, there are no costs associated with copyrights; patents have to be filed and filing imposes fairly high costs. If they have to be filed in a number of countries, the costs multiply.

Indian software industry is mostly based on services and has very few products to its credit, that also means that we have lesser original work and patents. Software patents becoming legal could mean supressing Indian software industry from entering the world software product market!

Given the disadvantages, NASSCOM is said to have supported the government too. Is NASSCOM which is known to represent the Indian software industry really representing the smaller companies???

[Thanks, rajan for the link]

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2 Comments

  1. Posted October 30, 2008 at 8:28 pm | Permalink

    Can you please guide us how to buy a Patent for our Software Application.

  2. Posted October 30, 2008 at 8:29 pm | Permalink

    i would be pleased if you give us a Call 09949225601

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