The protection of patent for a software or a computer programme is an ultimate and effective protection, and as per international practice, now we can patent an invention in form of a software or a computer programme in India as well, provided the same is capable of Industrial Application.
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A software or computer programme is a set of instructions triggered by an external stimulation to regulate interactions between the components or peripherals of a device or hardware. A software may be made to do more than mere displaying a graphic or text or any other form of information. Nowadays a software is used to control the driverless operation of the metro. Hence we need to understand the IP Rights of a software in the broader perspective. Traditionally a software has been subject to copyright wherein the protection was given as a literary work to the source code, the object code, in other words to the look and feel of the software. However, the protection of copyright is considered weak as it protects only from unauthorized copying of the expression of the idea but not of the principle behind it.
Only a new or novel invention can be granted a patent, the test of novelty is non-publication or disclosure of the patent except to the Patent Office.
To make a software patentable the inventor have to establish that the computer programme is made out of inventive steps and is non-obvious.
The patent specification be drafted carefully to disclose a practical application and industrial use for the claimed invention.
The general condition for patentability is the commercial benefits out of the Invention. The claims of Invention must indicate effective value.
Check if the invention is patentable or not in terms of the Patent Act, and confirm whether it is new and has not been published prior to filing with the patent office.
Write down your invention (idea or concept) in maximum detail possible, Use drawings, diagrams, sketches to explain how Invention works and specify its claim.
The patent can be filed in India with the provisional specification or complete specification, However, in any case, the complete filing must be completed within 12 months.
The patent is examined and published by the patent office and if no objection is received from the examiner or if no third party opposition, the patent is granted.
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