-------- Original Message --------
From: Vikram Vincent <[email protected]>
Sent: १० सप्टेंबर, २०१५ १२:००:३७ [AM] IST
To: FSMK-Core <[email protected]>, Discussions related to Free Software
and the Movement <[email protected]>, fsmm-core <[email protected]>,
Discussion list of FSMM <[email protected]>
Subject: [Fsmk-discuss] FSMI Press note on guidelines for patenting of CRIs
Free Software Movement of India
September 7th, 2015
Press note on new guidelines for patenting Computer Related Inventions
(CRIs)
The new Guidelines for Examination of Computer Related Inventions,
released by the Indian Patent Office on August 21, 2015, are illogical,
and violate the spirit and law contained in the Patents Act of 1970 (as
amended), and could pose a grave threat to innovation in our country.
These Guidelines enhance the scope of patentability of software by
permitting applicants to merely show innovation in the software portion
of their application, rather than in both software and hardware, as
required previously. The Guidelines also increase the scope of patenting
for mathematical and business models, thereby indirectly permitting
software to be patented (for instance methods of encoding / decoding).
Legislative history and the language of Section 3 (k) of the Patents Act
make it clear that software as a stand-alone is not considered
patentable. It is settled law that only software as a part of a larger
invention can be considered for a patent. Accordingly, an innovation can
only be granted a patent if it can show novelty in both the software and
hardware portions, when taken together – not in the software alone.
Further,a mathematical method, a business method or a mathematical
algorithm cannot be patented at all, irrespective of whether it is
embodied in software or not.
It is globally recognised that software patents are one of the biggest
threats to innovation. Not only do software patents restrict
technological progress and encourage monopolization, they massively
enhance costs through the creation of patent thickets and through the
diversion of funds from productive R&D towards litigation and
discovery/licenses. Permitting software patents through the backdoor,
will severely restrict the innovative capabilities of the Indian
economy, and the creative/entrepreneurial spirit of millions of Indians.
The Free Software Movement of India accordingly requests the Patent
Office to immediately amend the Guidelines of August 21, 2015, to bring
the same in consonance with the letter and spirit of law as contained in
the Patents Act.
The Free Software Movement of India further calls on all programmers,
entrepreneurs and interested citizens to raise their voices against the
continued attempts to restrict the innovative capabilities of Indian
citizens by creating artificial barriers to knowledge access.
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