Can software be patented in India?

1. Legal Aspects of Software
Patenting

2. …..Comes under copyrights
•
According to the Copyright Act, a computer program is a “set of instructions expressed in
words, codes, schemes or in any other form, including a machine readable medium, capable of
causing a computer to perform a particular task or achieve a particular results”.
The essential elements of a computer program are:
1. It is a set of instructions expressed in:
• a. words, b. codes,
• c. schemes or
• d. in any other form, including a machine readable medium.
•
2. capable of causing a computer to: a. perform a particular task or b. achieve a particular
results.
• Computer software is “computer program” within the meaning of the Copyright Act.
Computer programs are included in the definition of literary work under the Copyright
Act.

3. Contd…
• Softwares, per se, are intangibles and not protected by patents
but are protected by copyrights as applicable to literary and
aesthetic works. A computer program is therefore dealt with a
literary work and the law and practice in relation to literary
works will apply to computer programs.
• Mathematical algorithm or computer programs are not held as
inventions because they merely describe an abstract idea. They
merely solve a mathematical problem and not a practical
application or idea. They are considered mental acts as any
professional could do with requisite skills.

4. Not patentable….
• Computer Program’s / algorithms are NOT patentable
as per the Patents Act 1970, section 3(k)
• The Manual (2011) says that
• Algorithms in all forms including but not limited to, a
set of rules or procedures or any sequence of steps or
any method expressed by way of a finite list of
defined instructions, whether for solving a problem or
otherwise, and whether employing a logical,
arithmetical or computational method, recursive
or otherwise, are excluded from patentability.

5. Contd….
A computer program Can be reproduced in
any material form including the storing of it in
any medium by electronic means,
For eg.,
Floppy's…( obsolete)
CD’s…DVD’s….USB’s etc….

6. Contd…
• But all of these storage mediums are not
patentable as such due to lack of
constructional features / lack of technical
features……..

7. Contd…
Some typical software content which are NOT
patentable :
•Methods implemented by algorithms /software
products
•Editing functions, user-interface features, compiling
techniques , databases..
•OS functions
•Program algorithms
•Menu arrangements
•Display presentations/arrangements

8. Then…how?
• Patent law protects the technical idea
underlying the invention, i.e. the functional
elements wherein copyright protects the form
in which the idea is expressed, i.e. originality
of expression but not the underlying idea or
concept or function

9. What can be protected..?
• The technicality / functionality of the algorithm / program can
be protected , if the same is claimed in method steps.., NOT
THE SOURCE CODES per-se….
• By bringing out the technical feature of the program in claims,
which may solve any technical problem ( in clear method
steps), in co-ordination / collaboration with constructional
features (or) by projecting ( in claims) by what constructional
features the claimed method is implemented
• The technical solution solved has to be novel and inventive

10. No constructional features….
• Basic concept of a software is its functionality
and NOT anything constructive
• Hence ONLY method claims and NOT any
system / apparatus / device claim

11. Exceptions….
• System claims maybe allowed when the
technical functions are performed in coordination with new or novel hardware which
may result in a technical solution
• In this case the hardware has to be supported
with description / illustrations. Else…NOT
allowable and one application claim maybe
allowed

12. Examples…
( maybe derived from software..but method..),Eg-1
CLAIM
A method of coupon based uplink scheduling of services associated with a radio
bearer in a wireless communication system comprising steps of
•generating a grant coupon for each of the services associated with a radio bearer /
receiver , based on pre-defined service criteria, wherein the predefined service criteria
is priority, bit rate and periodicity of services associated with said each of the services;
and
•periodically issuing the generated grant coupon by the transmitter ,to the user
equipment (UE) so that the UE performs uplink scheduling for said each of the services
based on the grant coupon associated with said each of the services.

13. Contd… Eg-2
• Claim
A method of classifying morphology using a morphology classifier at the location of a UE (user
equipment) , in order to assist the UE in efficiently performing position location operations,
the method comprising the steps of
a)
receiving a first set of data measurements from the UE at a receiver , wherein the first set
of data measurements are obtained by measuring a first set of signals received in said UE from
RF (radio frequency) signal sources within range of said UE, to provide a first set of data
measurements;
b)
responsive to said first set of data measurements, classifying a user's first morphology
using the morphology classifier to form a user's first morphology classification;
c)
determining a level of confidence in user's first morphology classification; and
• responsive to said user's first morphology classification and said level of confidence, the
transmitter transmitting position assistance information to the UE, wherein the position
assistance information comprises:……………..
• ……………………………(method steps)

14. What NOT allowable….(Eg 1)
• Claim
•
A method of detecting vulnerabilities in source code comprising the steps
of
analyzing variables in the source code and creating models therefrom in
which each model specifies pre-determined characteristics about each
variable
using the variable models to create models of arguments to routine calls in the
source code and
using the argument models in conjunction with pre-specified criteria for
the corresponding routine calls to determine whether the routine calls
possess vulnerabilities as a consequence of the arguments and known
routine behavior.

15. Eg -2
• Claim
•
A method comprising the steps of
receiving, at each of a plurality of logical replicas, a request from a client,
wherein:
each said logical replica is configured for exclusive association with one
said client;
each said logical replica includes a queue; and the request is for accessing
one of a plurality of resources; and
when a particular said logical replica is exclusively associated with another
said client, storing the request in the queue of the particular said logical
replica.

16. Eg - 3
• Claim
• A method for dynamically calculating execution time
associated with a print job, the method comprising the steps
of:
receiving a print job from a network to be printed;
determining type of print job to be printed by a printer
calculating total time required for printing the print job based on
characteristics of the printer and type of the print job; and
displaying the total time required for printing the print job on a
display of the printer.

17. System—Not Patentable…
Claim
An information managing system which comprises;
•a) a multiprocessor,
•b) a system memory coupled to the processing unit,
• c) a System Bus (23);
•d) local area network (51);
•e) remote computer ;
•f) video adapter and monitor and
•g) a software architecture including routines, programs, objects, components,
data structures that perform particular task or implement particular
abstract data types characterized in that persistence of the storing of the
specification in a data base system could be used by others at any other point
in time.

18. Module..Not Patentable…
•
•
CLAIM
A service module for servicing contact center work items corresponding to contacts incoming to a
call center via a SIP-based work item presence server that embodies an
Agent
Work
Awareness
Algorithm (AWAA) , involving
(a) the contact center , which includes at least one processor-based device,
maintaining a plurality of work item containers, each work item container being associated with a
respective work item for servicing by a resource (168), a first work item container comprises one or
more of the following types of information respecting the first work item: contacting customer identity,
customer type, work item intent or purpose, customer personal information, customer transaction
history, work item browser history, customer order details, customer contact mode, timestamp, work
item priority, expected wait time, actual wait time, predicted wait time, identification of at least one other
switch location having resources that may be able to receive the waiting work item, a Universal Resource
Locator or URL associated with the work item, and a pointer to the current location of the contact;
when a state of a selected work item container changes, determining a set of AWAA agent entities that
subscribed to be notified of a state change in the selected work item and/or corresponding work item
container; and
(b) notifying each of the members of the set of AWAA agent entities of the state change, wherein a
notification includes one or more of the types of information respecting the first work item, the
notification used by the resource to allow the resource

19. Processor---Not allowable
• Claim
•
An image processing device, comprising:
memory for storing a three-dimensional data set of an object of interest;
an image processor for
performing an interactive visualization of the three-dimensional data set, wherein the interactive
visualization allows for an interactive input, wherein the image processor is adapted for
performing the following operation:
loading the three-dimensional set;
varying a rendering method in an image during the interactive input; wherein the variation
of the rendering method causes a non-uniform resolution of the image; and wherein the
image is determined on the basis of the three- dimensional data set: and wherein, if there
is an interactive input, the rendering method is a pre-scan mode having a resolution less than a
resolution of a full-scan mode; and wherein, if there is no interactive input, the rendering
method is in the full-scan mode.

20. Application claim
• An transmitter / receiver capable of
performing / executing the method claimed
in any of the preceding claims.
• (Worded in an apt way which will and shall
relate to the method claimed previously)..

21. (Additional Information)………
REGISTRATION OF COPYRIGHTS
Procedure for registration of work under Copyright Act,1957
 Copyright comes into existence as soon as a work is created and no formality is
required to be completed for acquiring copyright.
 Facilities exist for having the work registered in the Register of Copyrights
maintained in the Copyright Office of the Department of Education.
 The entries made in the Register of Copyrights serve as prima-facie evidence in the
court of law.
 The Copyright Office has been set up to provide registration facilities to all types of
works and is headed by a Registrar of Copyrights and is located at
Copyright Division.
Department of Higher Education
Ministry of Human Resource Development
4th Floor, Jeevan Deep Building
Parliament Street,NewDelhi