We discuss here An Overview of Software Patenting. The concept of “intellectual property” in India in recent years has taken on some epic proportions for various reasons. One of the main reasons, attributable to growing awareness among the urban Indian population, is the importance and, most importantly, the commercial benefits in protecting their intellectual property rights inside and outside India. And under traditional principles of intellectual property protection, patent law encourages scientific research, new technologies, and industrial progress. The fundamental principle of patent law is that the patent grants only for an invention, that is, new and useful, such invention must have novelty and utility. The patent grant thus becomes industrial property and is also called intellectual property. And computer software is a relatively new recipient of patent protection. To save the interests of the inventors, British rulers enacted the India Patent and Design Act of 1911.
Regarding the patentability of software-related inventions, it is currently one of the hottest areas of debate. Especially those signing the European Patent Convention or EPC) and the number of software patents has increased rapidly.
MEANING OF SOFTWARE PATENTATION
The term “software” does not have a precise definition and even the software industries cannot give a specific definition. But it basically use to describe all the different types of computer programs. Application programs are design to perform specific tasks to execute through the computer. And operating system programs use to manage. The internal functions of the computer to facilitate the use of the application program.
Although the term ‘software patent’ does not have a universally accepted definition.
According to Richard Stallman, the co-developer of the GNU-Linux operating system and advocate of free software. Says: “Software patents are patents that cover software ideas, ideas that you would use in software development.
That is, software patents refer to patents that could grant to products or processes (including methods) that include. Or may include software as an important or at least necessary part of their implementation. That is, the way they are put in practice (or used). ) to produce the effect they are intended to provide.
First example of a software patent:
On September 21, 1962, a British patent application was file entitle”A computer set up for automatic solution of linear programming problems”. The patent grante on August 17, 1966, and appears to be one of the first software patents.
CONCEPTUAL DIFFERENCE BETWEEN COPYRIGHT AND PATENTS
Software has traditionally protecte by copyright law. Since the code conforms fairly easily to the description of a literary work. Therefore, the Software protects as literary works under the Berne Convention. And any writte software is automatically cover by copyright. This allows the creator to prevent another entity from copying the program. And generally it is not necessary to register the code for it to copyrighte.