1. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
COPYRIGHT VS PATENTING –WITH
REFERENCE TO COMPUTER PROGRAMS
VS
P.ILANANGAI
IP CONSULTANT
PATENT DEPARTMENT

2. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
• Software is a computer program with a set of statements or
instructions used in computer to bring out a certain result.
• The protection of software can be in various forms. But the most
concerns for the protections are copyright and patent.
• Computer programs and their protection tend to focus on 3 elements:
Source code - any collection of computer instructions written
using some human-readable computer language;
Object code - sequence of statements or instructions in a computer
language usually a machine code language; and
Documentation.
INTRODUCTION

3. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
•Since the 1960’s software gradually emerged as a dynamic
industry.
•Proprietary software firms rely on copyright.
•The 1909 Copyright Act [United States].
•The 1976 Copyright Act [United States].
•WIPO and UNESCO in 1985.
•Article 27(1) of the Agreement on Trade-Related Aspects of
Intellectual Property Protection requires that a ‘patent shall be
available . . . in all fields of technology’.
•Article 10(1) states that a ‘computer program, whether in
source or object code, shall be protected as literary work under the
Berne Convention 1971’.
•Article 10(2) clarifies that databases and other compilations
of data or other material shall be protected as such under copyright.
CONCEPT AND BRIEF HISTORY OF
SOFTWARE PROTECTION

4. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
• Copyright protects the literal expression of an idea, not the idea
itself.
• Algorithms cannot be copyrighted but can certainly copyright a
program that embodies those algorithms. The copyrighted work
may be literary, audio, video, multimedia, etc.
• PURPOSE
To promote the exchange of information and advancement of
ideas that may benefit society.
The protection of an author's interest in his creative work.
• ADVANTAGES
Simplicity.
International copyright protection is automatic.
• contd..
COPYRIGHT

5. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
• DISADVANTAGES
Independent development is not protected against.
Reverse engineering is not prohibited.
• Any original work, including software, is legally copyrighted
as soon as it is recorded in a medium.
• Under copyright law, software is regarded as a "literary work".
Obviously, copying a literary work verbatim is plagiarism
("infringement"), but the courts also view non-literal copying
as infringement. If two works are not "substantially similar" in
embodiment, then there is no infringement.
• Delrina v. Triolet Systems Inc.
• contd...

6. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
• Oracle wins copyright ruling against Google over
Android
• Oracle Corp won a legal victory against Google Inc
as a U.S. appeals court decided Oracle could
copyright parts of the Java programming language,
which Google used to design its Android smart
phone operating system.

7. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
COPYRIGHT PROTECTION FOR COMPUTER
SOFTWARE IN INDIA
• In India the Copyright Act, 1957 grants protection to original
expression and computer software is granted protection as a
copyright unless it leads to a technical effect and is not a computer
program per se. Software per se is protectable as trade secrets under
common law.
• Microsoft Corporation vs. Ms. K. Mayuri and Ors. 2007
• For a copyright protection,
computer software needs to be original.
a program which only generates multiplication tables or algorithms
may not suffice the degree of effort required for protection.
the work should be first published in India or if the work is
published
outside India the author on the date of publication or if the work is
published outside India the author on the date of publication or if the
author is dead at the time of his death should be a citizen of India.

8. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
• In case of unpublished work, the author on the date of
making of a work should be a citizen of India or
domiciled in India. The Government accords the same
protection to a foreign copyright author's work which
is published in any other country which is a member
of Berne Convention
• Section 2(o) defines 'literary work' and includes
computer programs, tables and compilations including
computer databases.

9. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
PATENTS
• With respect to computer software, PCT Rule 39/67(vi)
allows the exclusion of computer programs to the extent
that the International Authority is not equipped to search or
carry out an examination concerning such programs.
• Additionally, the PCT Preliminary Examination Guidelines
state that "a computer program claimed by itself . . . need
not be examined. . . . If however the subject matter as
claimed makes a technical contribution to the known art,
examination should not be denied merely on the ground
that a computer program is involved in its
implementation."
•
contd…

10. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
• Thus, the PCT does not exclude software-related invention from
search and examination so far as the relevant authority is
equipped to perform the search or examination.
• US:
• Software was not patentable prior to the 1970s.
• In 1946, Gottschalk v. Benson, an algorithm was rendered
unpatentable, but only because there was no particular
application defined for the algorithm.
• contd…

11. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
• In 1981, in Daimond v. Diehr, the process claim for
operating machinery using a computer was upheld as
patentable by the US Supreme Court. The algorithm in
question was patentable only in the context that it was
used in conjunction with all of the other steps of the
claimed process.
• With the US setting the precedence by allowing software
patenting countries like JP, EU permitted patent protection
for software.
• contd…

12. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
• UK:
• UK does not allow stand alone software patents, but permits
functional software patents to be protected under its Patents Act
1977.
• CHINA:
• China, Computer Programs are not patentable, but they considered
for patent if they solve a technical problem and use a technical
measure to generate effective outcome.
• EU:
• EU allows software patents only when there is a visible technical
contribution. EUs intention was to harmonize software protection
environment as most software patents were granted to US and JP
owners.
• contd..

13. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
• JAPAN:
• Like US, JPO follows the same principle of examination by considering
the invention as a whole. In the year 2000, the guidelines were revised,
which awards computer-related invention the position of 'statutory
invention' and managed as 'invention of a product'.
• AUSTRALIA:
• IBM v Commissioner of Patents 22 IPR 417 in 1991
• It was held that IBM were entitled to the grant of a patent as the
production of an improved curved image was a “commercially useful
effect” in computer graphics.
• CCOM v Jiejing 28 IPR 481 in 1994
• The CCOM case related to the storage, retrieval and display of Chinese
characters on a computer screen and the means by which the characters
were categorised for selection. The invention was held to be patentable.
• contd…

14. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
• The IBM and CCOM cases have established that in Australia any
new and inventive software application, which provides a
commercially useful effect is patentable.
• CANADA:
• Software-related inventions have been recognized as patentable in
Canada since the decision in Schlumberger Canada Ltd. v.
Commissioner of Patents in 1981. Since Schlumberger, the
Canadian Patent Appeal Board has allowed the issuing of a number
of system software patent applications.
• contd..

15. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
• Motorola (Re Motorola Inc. Patent Application No. 2,085,2283)
• The Board indicated that it was the presence of the ROM
hardware which tipped the balance in favour of patentability. The
software plus a hardware component yielded a patentable device.
• INDONESIA:
• In Indonesia, computer programs are not explicitly prohibited as
patentable subject matter under Article 7 of Indonesia’s Patent
Law No. 14 of 2001.
• Direct claims to computer programs that were granted include,
for example, “A computer program written in a computer-
readable format, so that processing to manage a wireless network
is performed on a computer system, comprising……
• contd…

16. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
• THAILAND:
• Computer programs are explicitly ineligible to be considered as patentable
inventions under Section 9(3) of the Thai Patent Act B.E. 2522 (1979).
• INDIA:
• Under the Indian law, as per sec 3(k) a mathematical or business method or a
computer programme per se is not patentable.
• a mechanical device or system to which a software is combined so that the
software can produce a functional or technical result and thereby assist in the
operation of the device is patentable.
• 1567/DELNP/2003: Refused
• “1. A method of communicating information between an author and a
recipient 9 comprising: formatting a document 115 in a code 112 compiling
said code into a file of compiled code;
disseminating said file through a computer network, 119 either by
uploading said file to a server 117 or by making said file available through
peer to peer networking; and forwarding said file to a distribution channel
for presenting said document on said networked device 118, characterized in
that:

17. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
• The Controller: “The claims of the instant application relates in
form to an “algorithm” wherein the “characterised” clause
defines the computer program and its function. No inventive
ingenuity lies in any of the existing hardware. The
characterisation of the principal claim reveals existence of a
code within a code and compilation of such a code with a
necessary element which is again a code used for presentation of
information in accordance with description. Therefore, the
subject matter of the patent application falls under the excluded
category from patentability under Section 3(k) and is of non –
patentable nature.“
• contd..

18. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
• 1695/DELNP/2005: Allowed
• 1. A device (10) for storing personal profiles and for controlling
the access, from a plurality of remote entities (16, 18, 20) within
a telecommunication network supporting a plurality of services,
to databases storing said personal profiles, characterised in that
said device (10) comprises a first plurality of databases (44, 46,
48) and interfaces (24, 26) for managing and centrally controlling
the access
• This claim makes clear reference to devices, and more
importantly provides use of each of the devices, when dealing
with databases.
• it is not software/computer programme per se by including the
necessary transformation of the database. In addition, it satisfies
the ‘per se’ test because the desired ‘effect’ is achieved.
• contd…..

19. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
• ADVANTAGES OF PATENTS
• A patent protects competitive advantage derived from your
software development.
• A patent can secure a small company a place in the market
and generate revenue from licensing or sale. By licensing a
software development to a big company, smaller companies
can avoid the problem of getting a software product to the
market.
• In the event of a dispute with a competitor, it can be cross-
licensed bringing you extra income and avoiding litigation
costs.

20. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
CONCLUSION
• Every nation attempts to simplify the patent laws
towards computer-related inventions based on two
factors, "as such" provision and majorly "technical
contribution to the art". The conflict of interests
between many jurisdictions still exists with regard to
patenting computer programs.
• Global patent system for computer programs or
software should be harmonized by all jurisdictions in
the best interests of inventors, third parties, Patent
Offices and majorly for the World economy. This is
the best way to fight the problems for granting patents
in modern world.

21. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
THANK YOU