[ILUG-BOM] Software Patents in India

Saurabh Nanda saurabhnanda at gmail.com
Mon Aug 4 11:55:50 IST 2008

I believe the problem is with the guidelines given in section
4.11.6.However the clarifications given in 4.11.8 will wean out most
software patents. Don't you think?

Section 4.11.6:
[...]The claim orienting towards a "process/method" should contain a
hardware or machine limitation. Technical applicability of the software
claimed as a process or method claim, is required to be defined in relation
with the particular hardware components. Thus, the "software per se" is
differentiated from the software having its technical application in the

Section 4.11.8:
The claims relating to software programme product are nothing but computer
programme per se simply expressed on a computer readable storage medium and
as such are not allowable. For example, if the new feature comprises a set
of instructions (programme) designed to control a known computer to cause it
to perform desired operations, without special adoption or modification of
its hardware or organization, then no matter whether claimed as "a computer
arranged to operate etc" or as "a method of operating a computer", etc., is
not patentable and hence excluded from patentability.[...]


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