No patents for mathematical or business methods or computer programs per se or algorithms in India
Rebentisch <arebenti@...> wrote to <in-help@...>
pointing to the following article:
http://www.mondaq.com/i_article.asp_Q_articleid_E_36364
India: Patentability of Softwares in India
30 November 2005
Article by Manisha Singh Nair
,----[Manisha Singh Nair wrote:]
| The Patents Act refers to computer programs in Section 3, which deals
| with inventions that cannot be patented. According to S. 3(k), a
| computer program per se is not patentable. This makes us think about
| what the term ?per se? stands for in this context.
|
| According to the Webster?s Encyclopedic Unabridged Dictionary, the
| term ?per se? refers to "by, of, for, or in itself; intrinsically". If
| we are to use this definition we can well assume that the software as
| such cannot be patented. But don?t the same words of the provision
| tell us something more- that if the claimed invention is some thing
| more than?mere? software, it is patentable?
`----
The Patents Act declares in Section 3, among other things, that "a
mathematical or business method or a computer program per se or
algorithms;" are not inventions within the meaning of the Act.
Under Section 7, every application for a patent shall be for one
invention only. It is fairly obvious that an invention that relates
to a mathematical or business method or a computer program in itself
or algorithms are not patentable in India.
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