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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.
Located in
Access to Knowledge
/
Blogs
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IP Meetup #02: Prabir Purkayastha on the CRI Guidelines and software patenting in India
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by
Anubha Sinha
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published
Mar 20, 2016
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last modified
Mar 29, 2016 05:06 PM
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filed under:
Open Source,
Access to Knowledge,
Software Patents,
Intellectual Property Rights,
FOSS
Located in
Access to Knowledge
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Events
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The new Guidelines for Computer Related Inventions are a big win for FOSS in India!
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by
Anubha Sinha
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published
Feb 23, 2016
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last modified
Feb 24, 2016 06:30 AM
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filed under:
Featured,
Patents,
Access to Knowledge,
Software Patents
India is one of the few countries which permits patenting of software – a monopolization that has only benefited established corporations and largely throttled innovation in the software industry, worldwide. CIS has consistently advocated against patentablity of software and in a major victory last week, software patenting in India died a little more. This happened via the newly issued Guidelines for the Examination of Computer Related Inventions, which introduces a new test to restrict software patenting – in essence the same legal test that CIS had been proposing since 2010. This post highlights the new test and other noteworthy changes in the Guidelines.
Located in
Access to Knowledge
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Blogs
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Guidelines for Examination of Computer Related Inventions in abeyance
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by
Anubha Sinha
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published
Dec 21, 2015
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last modified
Dec 23, 2015 10:06 AM
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filed under:
Intellectual Property Rights,
FOSS,
Software Patents,
Access to Knowledge
The CRI Guidelines were heavily criticised for their failure to address the ambiguities created by Section 3(k) and for expanding the scope of software patent eligibile subject-matter, inter alia.
Following several representations and submissions by interested stakeholders, the Controller General has moved the Guidelines into abeyance, until discussions with stakeholders are complete and contentious issues are resolved, and is a welcome step.
Located in
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
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Blogs
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Guidelines for Examination of Computer Related Inventions: Mapping the Stakeholders' Response
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by
Nehaa Chaudhari
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published
Oct 29, 2014
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last modified
Jan 05, 2015 05:01 PM
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filed under:
Featured,
Homepage,
Software Patents,
Access to Knowledge
The procedure and tests surrounding software patenting in India have remained ambiguous since the Parliament introduced the term “per se” through the Patent (Amendment) Act, 2002. In 2013, the Indian Patent Office released Draft Guidelines for the Examination of Computer Related Inventions, in an effort to clarify some of the ambiguity. Through this post, CIS intern, Shashank Singh, analyses the various responses by the stakeholders to these Guidelines and highlights the various issues put forth in the responses.
Located in
Access to Knowledge
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Blogs
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Analysing Alice Corporation Pty Ltd v CLS Bank International Et Al
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by
Anubha Sinha
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published
Aug 01, 2014
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filed under:
Intellectual Property Rights,
Software Patents
The US Supreme Court delivered a unanimous decision in Alice Corporation Pty Ltd v CLS Bank International Et Al last month. The decision concerning software related inventions (with respect to carving an exception to “abstract ideas” patent eligibility category) was the most awaited and the final patent ruling of the US’ Supreme Court’s term. This post presents an analysis of the decision and a timeline of landmark US judicial decisions on software patents.
Located in
Access to Knowledge
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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.
Located in
Access to Knowledge
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Blogs
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Seminar on Software Patent and the Commons
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by
Prasad Krishna
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published
Sep 02, 2010
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last modified
Oct 23, 2011 02:22 PM
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filed under:
Intellectual Property Rights,
Software Patents,
Access to Knowledge
A pre-grant opposition has been filed against a software patent application filed in the patent office by Certicom, a wholly owned subsidiary of Research in Motion (RIM), manufacturers of Blackberry. The opposition was filed on August 31, 2010 by the Software Freedom Law Centre which has recently expanded its operations to India. This exciting development was announced by Mishi Choudhary from SFLC on the lines of the seminar on “Software Patents and the Commons” organised on 1 September 2010 in Delhi jointly by SFLC, the Centre for Internet and Society, the Society for Knowledge Commons and Red Hat. Filing more such oppositions to software patents in India was in the pipeline and this is just the beginning of a movement to take on monopolisation of knowledge and ideas through patenting software, the organisers said.
Located in
Access to Knowledge
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Blogs
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Research Project on Open Video in India
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by
Pranesh Prakash
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published
Apr 05, 2010
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last modified
Aug 23, 2011 02:51 AM
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filed under:
Intellectual Property Rights,
Open Content,
Projects,
Software Patents
Open Video Alliance and the Centre for Internet and Society are calling for researchers for a project on open video in India, its potentials, limitations, and recommendations on policy interventions.
Located in
Openness
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Blog
