*The Scenario* To help people who file patent applications, indian patent office is writing a manual. Its draft is what is being discussed. this draft is not only about software, but about how to file patents in general the draft does say clearly that 'software per se is not patentable' as per the law. However, the instructions given in the manual clearly tell people that you can file software patents in combination with hardware.what we have to do is to not let that interpretation go under 3(k). Please see sectiion 4 for non-patentable items. and read the relevant sections. (I attached it at the end of the mail) Previously the industry tried to change the law by a presidential ordinance but parliament rejected it. That should be our argument. How can the manual try to enable a possibility that law forbids? and most important: Software does not work unless in combination with hardware. Therefore, if software in combination with hardware is patentable, then all software is patentable. That is absurd. This is the strongest argument to not make such statements in the manual and we should interpret such attempts as equivalent to backdoor entries to abuse the law
Those industries who are pushing this through backdoor must be informed that: 1. Software is already protected under copyright, and no additional protection either to individuals or industries is required 2. Hardware innovations are already patentable under the regular innovations therefore all innovators are already covered 3.The current ICT revolution happened is a fact on the face that we do not need any more encouragement to the innovators and keep science and technology under public domain V.R Krishna Iyyer comments as follows in his response to Patent Office "neither the controller nor the central government has authority or sanction of law to publish a manual of the kind put on the website". * Software patents in India as per Clause 3(k) of the Indian Patent Act* We find that the Draft Patent Manual seeks to introduce software patents and we believe that this is not in consonance with the current legal situation India where Clause 3(k) of the Indian Patent Act clearly says, "A mathematical or business method or a computer programme per se or algorithms are not patentable". You may recall that the Patent Amendment Act 2005 sought to introduce software patents. The amendment proposed in the Patent Amendment Act 2005 for Clause 3(k) was, "a computer programme per se other than its technical application to industry or a combination with hardware; a mathematical method or a business method or algorithms." However, this amendment was rejected by the Indian Parliament, which chose to retain Clause 3(k) as it is. On reviewing the Draft Patent Manual, we find that it seeks to make technical applications of software patentable. As you can see from the above, this approach was explicitly rejected by the Indian Parliament. The relevant section of the Draft says: Draft Manual 4.11.7 4.A mathematical method is one which is carried out on numbers and provides a result in numerical form (the mathematical method or algorithm therefore being merely an abstract concept prescribing how to operate on the numbers) and not patentable. However, its application may well be patentable, for example, in Vicom/Computer-related invention [1987] 1 OJEPO 14 (T208/84) the invention concerned a mathematical method for manipulating data representing an image, leading to an enhanced digital image. Claims to a method of digitally filtering data performed on a conventional general purpose computer were rejected, since those claims were held to define an abstract concept not distinguished from a mathematical method. However, claims to a method of image processing which used the mathematical method to operate on numbers representing an image can be allowed. The reasoning was that the image processing performed was a technical (i.e. non- excluded) process which related to technical quality of the image and that a claim directed to a technical process in which the method used does not seek protection for the mathematical method as such. Therefore the allowable claims as such went beyond a mathematical method. Those interested in reading the Full text of Section 3(k) relating to software patents can check: http://osindia.blogspot.com/2008/08/full-text-of-section-3k-relating-to.html The full Draft Patent Manual is at: http://ipindia.nic.in/ipr/patent/DraftPatent_Manual_2008.pdf Let us work together and defeat this menace. ~ Regards Anivar --~--~---------~--~----~------------~-------~--~----~ You received this message because you are subscribed to the Google Groups "Green Youth Movement" group. To post to this group, send email to [email protected] To unsubscribe from this group, send email to [EMAIL PROTECTED] For more options, visit this group at http://groups.google.com/group/greenyouth?hl=en-GB -~----------~----~----~----~------~----~------~--~---
