On Friday 13 August 2010 02:32 PM, jtd wrote: >> Slight confusion here; which other next part are you referring to? >> Section 3(k) of the Patent Act reads: >> 3) The following are not inventions within the meaning of this Act: >> (k) a mathematical or business method or computer programme per se >> or algorithms. > > I dont remember the exact words of the relevant clauses in the act, > but there is a sentence which specifies "software running on a > general purpose computer or programming machine".
Ah, I think I understand the source of the confusion. The draft Patent Manual of 2008 (which was successfully opposed, and of which a meek, harmless version emerged when it came out of 'draft' status in 2009) had language regarding software with "technical application in the industry" being patentable: > 4.4.11.6 The method claim should clearly define the steps involved in > carrying out the invention. It should have a technical character. In other > words, it should solve a technical problem. The claims should incorporate the > details regarding the mode of the implementation of the invention via. > hardware or software, for better clarity. The claim orienting towards a > “process/method” should contain a hardware or machine limitation. Technical > applicability of the software claimed as a process or method claim, is > required to be defined in relation with the particular hardware components. > Thus, the “software per se” is differentiated from the software having its > technical application in the industry. A claim directed to a technical > process which process is carried out under the control of a programme > (whether by means of hardware or software), cannot be regarded as relating to > a computer programme as such. > > For example, “a method for processing seismic data, comprising the steps of > collecting the time varying seismic detector output signals for a plurality > of seismic sensors placed in a cable.” Here the signals are collected from a > definite recited structure and hence allowable. Or perhaps you meant the submission that the folks at Knowledge Commons had worked on highlighting GPC-runnable software as software per se (my very crude reductionism). Regards, Pranesh -- Pranesh Prakash Programme Manager Centre for Internet and Society W: http://cis-india.org | T: +91 80 40926283
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