An Overview of Software Patenting


The idea of ​​”protected innovation” in India over the past couple of years has acquired a surprising scale for a number of reasons. One of the main reasons that can be deduced from the growing awareness among the urban Indian population is the importance and, above all, the commercial advantages in protecting the approved innovation freedoms within India and abroad. In addition, according to customary standards to ensure licensed innovation, patent regulation allows for logical research, new innovation, and modern success. The central criterion for patent regulation is that the patent is clearly admissible for innovation, ie new and valuable, said development must have anomalies and usefulness. Therefore, the granting of a patent takes place for modern ownership and is also called protected innovation. Furthermore, computer programming is a relatively new beneficiary of patent security.

The starting point of the term “patent” comes from the term “patent letter”. This term “patent letter” implied an open letter and were instruments under the Great Seal of the King of England addressed by the crown to each of the people who granted freedom and honor to at least one people of the kingdom. . In the latter part of the 19th century there were new innovations in craftsmanship, interaction, strategy or method of assembly, the various devices and materials offered by the manufacturers were expanded and it was shown that the creators aroused great interest that these developments were not to be invaded. by anyone else who repeats them or adopts the technologies that use them. To save the interests of the innovators, the then British rulers created the Indian Patent and Design Act of 1911.

As for the possibility of patenting programming-related innovations, it is currently one of the quietest areas of discussion. Programming has recently become patentable in many jurisdictions (although with restrictions in some countries, these are signatories to the European Patent Agreement or EPC), the number of programming licenses has increased rapidly.

The importance of obtaining software patents

The term “programming” does not have a precise definition and it is surprising that the product sketches do not give a specific definition. However, it is mainly used to represent every different type of computer program. Computer software is mainly isolated into “Application Programs” and “Framework Programs”. Application programs are meant to perform explicit tasks performed by the computer, and framework programs are used to manipulate the internal parts of the computer so that they work with the use of an application program.


The initial explanation of the product patent:

On September 21, 1962, a British patent application entitled “A Computer Arranged for Automatic Solving of Linear Programming Problems” was filed. The development concerned the memory efficiency of simple arithmetic executives and could be implemented through completely implicit programming. The patent was revoked on August 17, 1966, and is clearly an important software license.

The theoretical difference between copyright and patents

Programming has generally been protected by intellectual property rules because the code actually conforms to the scientific job description. In this way, the software is protected as a written work under the Berne Convention and any product created is of course protected by copyright. This allows the manufacturer to prevent anyone else from duplicating the program, and there is often no compelling reason to protect the code. Although software patents have recently appeared (albeit fortunately in the United States, Japan, and Europe), in which patents give their owners the ability to prevent others from using guaranteed creativity, regardless of whether it was developed freely and there were no duplications in between.