Friday, February 29, 2008

Is software patentable in India?

A number of computer developers assume that Computer Software is patentable in India similar to US. However, it is a good news that software cannot be patented in India. Section 4(k) in THE PATENTS (AMENDMENT) ACT specifically prohibits this.

This section becomes the Section 3(k) of the Indian Patent Act. It is interesting that the Government allowed software patents in India using an Ordinance in January 2005. Ordinance is a way for the Indian Government to promulgate a law without going through the Parliament. However, they need to be ratified by the Parliament with in 6 months failing which the Ordinance cease to exist.

However, Communist Party of India (Marxist) (CPI(M)) did not like it and forced government to withdraw software patents. CPI(M) replied harshly to the ordinance passed by the Government of India in January 2005 that allowed Software patents.

CPI(M) rejoiced in winning against the Govt proposal for software patents

Actually if you search software patent for you will find more relevant articles

Three cheers for the communist party!