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Blog Entry Indian Patent Office updates Guidelines for Examination of Computer Related Inventions, yet again
by Anubha Sinha published Jul 02, 2017 last modified Jul 05, 2017 07:42 AM — filed under: , , ,
By discarding a test brought into force last year, the updated Guidelines take no concrete position to help clarify the ambiguity around patentability of software inventions in India.
Located in Access to Knowledge / Blogs
Blog Entry Comments on the Guidelines for Examination of Computer Related Inventions (CRIs)
by Anubha Sinha published Sep 21, 2015 last modified Oct 27, 2015 02:46 PM — filed under: , , , ,
Recently, the Indian Patents Office released the Guidelines for Examination of Computer Related Inventions (“2015 Guidelines/ Guidelines”) in an attempt to clarify examination of software related patents in India. This post is a pure analysis of the 2015 Guidelines. The new Guidelines, essentially, narrow the exclusions of secttion 3(k), thereby enlarging the scope of software related applications eligible for a patent grant. More alarmingly, there is low emphasis on the application of the subject matter test, increased ambiguity on the nature of subject matter and an exclusionary list of examples appended to the document. In the following post, CIS highlights these concerns and presents solutions, and also proposes a definition of "computer programme per se". Read on to understand how the new guidelines will potentially lead to an increase in software patenting activity by expanding the scope of patentable subject matter – in negation of the legislative intent of section 3(k) of the Indian Patents Act, 1970.
Located in Access to Knowledge / Blogs