Software Patent100% Online Patent Services
The software code is protected by copyright. However, given the recent recognition of computer-related inventions by the Indian patent office, the software may be patented if it has an industrial application.
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Software Patent Registration Online
A software or computer programme is a set of instructions triggered by external stimuli to regulate interactions between the components or peripherals of a device or piece of hardware. A software may be made to do more than merely display a graphic, 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.
Patentibility of a Computer Program or Software
| No | Feature | Description |
|---|---|---|
| 1 | New Invention | 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. |
| 2 | Inventive Step | To make a software patentable the inventor have to establish that the computer programme is made out of inventive steps and is non-obvious. |
| 3 | Industrial Applicability | The patent specification be drafted carefully to disclose a practical application and industrial use for the claimed invention. |
| 4 | Economic Benefit | The general condition for patentability is the commercial benefits out of the Invention. The claims of Invention must indicate effective value. |
Procedure For Patent Registration in India
Step 1: Check on Patentability
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.
Step 2: Specification Drafting
Write down your invention (idea or concept) in maximum detail possible, Use drawings, diagrams, sketches to explain how Invention works and specify its claim.
Step 3: Filing of Patent
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.
Step 4: Patent Office Activity
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.
Patent Filing Documents
| A. Documents Required For Patent Filing in India | B. Specification Must Contain the Following |
|---|---|
| ✅ Digital Signature of the Applicant | ✅ Title of Patent |
| ✅ Authorisation to the patent attorney | ✅ Abstract of the patent specification (A Summary) |
| ✅ The patent questionnaire | ✅ Detailed Specification exhibiting inventive steps |
| ✅ A signed copy of Patent Specification | ✅ Drawings and Flowcharts if any |
| ✅ Declaration of Inventorship signed by the Inventor | ✅ Claims of the Patent |
| ✅ Prior art documents, in case of International Application |
