Please use this identifier to cite or link to this item: http://hdl.handle.net/1893/31372
Appears in Collections:Law and Philosophy Journal Articles
Peer Review Status: Refereed
Title: Patents on computer-related inventions in India
Author(s): Noto La Diega, Guido
Keywords: Computer-related inventions
India
Internet of things
Computer programs
Patentability
Issue Date: 2016
Citation: Noto La Diega G (2016) Patents on computer-related inventions in India. Intellectual Property Rights: Open Access, 2016 (Special Issue). https://doi.org/10.4172/2375-4516.1000S1-009
Abstract: In India, sec. 3(k) of the Patents Act 1970 clearly excludes the patentability of computer programmes per se. For many years, the regime of computer-implemented inventions has been unclear, until the Controller General of Patents, Designs and Trade Marks (the Indian homologous of the Intellectual Property Office) issued its Guidelines on the examination of computer-related inventions. Notably, this gave rise the civil society’s protests; indeed, there was the fear that the government was surreptisciously allowing the patentability of computer programmes per se. Therefore, the guidelines have been withdrawn and recently a new version has been published. It openly reaffirms the exclusion of the software patents and introduces a three-step test to determine the applicability of sec. 3(k) of the Patents Act to computer-related inventions. This opinion focuses the new guidance, by placing it in the context of the leading role of India in the technological and social developments revolving around the Internet of Things.
DOI Link: 10.4172/2375-4516.1000S1-009
Rights: © 2016 Noto La Diega G. This is an open-access article distributed under the terms of the Creative Commons Attribution License (https://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited.
Licence URL(s): http://creativecommons.org/licenses/by/4.0/

Files in This Item:
File Description SizeFormat 
patents-on-computerrelated-inventions-in-india-2375-4516-1000S1-009.pdfFulltext - Published Version330 kBAdobe PDFView/Open



This item is protected by original copyright



A file in this item is licensed under a Creative Commons License Creative Commons

Items in the Repository are protected by copyright, with all rights reserved, unless otherwise indicated.

If you believe that any material held in STORRE infringes copyright, please contact library@stir.ac.uk providing details and we will remove the Work from public display in STORRE and investigate your claim.