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Dictionary words in software patent guidelines puzzle industry
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by
Prasad Krishna
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published
Aug 27, 2013
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last modified
Sep 04, 2013 06:20 AM
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filed under:
Intellectual Property Rights,
Patents,
Access to Knowledge
Terms not defined in draft guidelines on patents for computer-related inventions leaves room for misinterpretation
Located in
News & Media
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Arguments Against Software Patents in India
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by
Pranesh Prakash
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published
Feb 22, 2010
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last modified
Mar 13, 2012 10:43 AM
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filed under:
Open Standards,
Access to Knowledge,
Software Patents,
Intellectual Property Rights,
Publications,
Patents
CIS believes that software patents are harmful for the software industry and for consumers. In this post, Pranesh Prakash looks at the philosophical, legal and practical reasons for holding such a position in India. This is a slightly modified version of a presentation made by Pranesh Prakash at the iTechLaw conference in Bangalore on February 5, 2010, as part of a panel discussing software patents in India, the United States, and the European Union.
Located in
Access to Knowledge
/
Blogs
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A Guide to Key IPR Provisions of the Proposed India-European Union Free Trade Agreement
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by
Glover Wright
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published
Jul 13, 2010
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last modified
Aug 30, 2011 01:06 PM
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filed under:
Development,
Consumer Rights,
Copyright,
Access to Knowledge,
Discussion,
Economics,
Analysis,
Technological Protection Measures,
Intermediary Liability,
innovation,
Intellectual Property Rights,
Patents,
Publications
The Centre for Internet and Society presents a guide for policymakers and other stakeholders to the latest draft of the India-European Union Free Trade Agreement, which likely will be concluded by the end of the year and may hold serious ramifications for Indian businesses and consumers.
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Blogs
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CIS Submission on Draft Patent Manual 2010
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by
Pranesh Prakash
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published
Dec 05, 2010
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last modified
May 29, 2014 06:47 AM
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filed under:
Software Patents,
Patents
The patent office has released a revised version of the Draft Manual of Patent Practice and Procedure. Section 8.03.06.10 of the Manual deals with patenting of computer programmes. CIS is happy to note the many improvements in this draft of the Manual from the previous version. CIS made its submission along with a few suggestions that it thinks would make the document even better.
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Access to Knowledge
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Blogs
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Indian Patent Office updates Guidelines for Examination of Computer Related Inventions, yet again
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by
Anubha Sinha
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published
Jul 02, 2017
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last modified
Jul 05, 2017 07:42 AM
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filed under:
Indian Patents Act Section 3(k),
Patents,
Access to Knowledge,
Software Patents
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.
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Access to Knowledge
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Blogs
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Comments on the Guidelines for Examination of Computer Related Inventions (CRIs)
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by
Anubha Sinha
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published
Sep 21, 2015
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last modified
Oct 27, 2015 02:46 PM
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filed under:
Software Patents,
Access to Knowledge,
Intellectual Property Rights,
Indian Patents Act Section 3(k),
Patents
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
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Methodology: Statements of Working (Form 27) of Indian Mobile Device Patents
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by
Rohini Lakshané
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published
Sep 14, 2016
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last modified
Sep 10, 2017 03:19 PM
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filed under:
Intellectual Property Rights,
Patents,
Access to Knowledge,
Pervasive Technologies
In India, if a patent is not locally worked within three years of its issuance, any person may request a compulsory license, and if the patent is not adequately worked within two years of the grant of such a compulsory license, it may be revoked. In order to provide the public with information about patent working, India requires every patentee to file an annual statement on “Form 27” describing the working of each of its issued Indian patents. We conducted the first comprehensive and systematic study of all Forms 27 filed with respect to mobile devices. We tried to empirically establish the extent to which patentees and licensees comply with the statutory requirement to declare information about the working of their patents.
Research assistance was provided by interns Anna Liz Thomas and Nayana Dasgupta.
Located in
Access to Knowledge
/
Blogs
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“Made in India” Innovation Policy
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by
Prasad Krishna
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published
Sep 22, 2016
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filed under:
Patents,
Access to Knowledge
In this post they emphasize upon the need for data-driven IP policy making in India.
Located in
Access to Knowledge
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News & Media
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Workshop on Innovation, Economic Development and IP in India and China
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by
Anubha Sinha and Rohini Lakshané
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published
Sep 28, 2016
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last modified
Oct 09, 2016 04:41 AM
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filed under:
Peer Production,
Access to Knowledge,
Intellectual Property Rights,
Open Hardware,
Open Innovation,
Mobile Apps,
Patents
Anubha Sinha and Rohini Lakshané presented at the SMU-JINDAL-RENMIN Workshop on “Innovation, Economic Development, and IP in India and China,” co-organised by the Singapore Management University, O.P. Jindal Global University, and Renmin University of China, in Delhi during September 27-28, 2016. Amitabh Kant, Chief Executive Officer, NITI Aayog, delivered the inaugural address at the workshop.
Located in
Access to Knowledge
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News & Media
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National IPR Policy Series : Comments on the Proposed Intellectual Property Rights Policy to the Department of Industrial Policy and Promotion
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by
Nehaa Chaudhari
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published
Nov 30, 2014
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last modified
Apr 12, 2015 11:39 AM
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filed under:
Call for Comments,
Access to Knowledge,
Copyright,
Intellectual Property Rights,
Patents
On 13 November, 2014, the Department of Industrial Policy and Promotion had released a Call for Suggestions for India's proposed National IPR Policy. This is the Centre for Internet and Society's (CIS) submission for the same.
Located in
Access to Knowledge
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Blogs