“Technical effect” requirement for Computer Related Inventions (CRIs): a mere guideline or a law?

The patentability requirements for Computer Related Inventions (CRIs) under Indian Patent Law have been unclear. It is generally understood that a CRI must demonstrate “technical effect” and the relevant claims must have “machine limitation”, in addition to the basic patentability requirements of novelty, inventive step, and industrial applicability. However, the phrase “technical effect” has not…

OSS

Gearing Up Against Similar Trademarks OSHWA and OSI are meddling up against their logos which apparently appear to be similar. Open source hardware is hardware whose design is made publicly available so that anyone can study, modify, distribute, make, and sell the design or hardware based on that design. The hardware’s source, the design from which it…

Revised Draft Manual: A case of over simplification re software inventions

The Indian patent office has published a revised draft manual on 04 November 2010. This manual is a revised version of the previous draft manual published in 2008. It is in this context that we revisit the requirements for patentability of software. Draft Manual, 2008: Section 3 of the Indian patent act provides exclusions covering the subject matter that…

Intellectual Property in the “cloud”ed era

Traditionally, computing has been done at defined and identified locations. For example, our computers, laptops, mobile phones, hosted servers, and so on. Cloud computing deviates from traditional computing by providing an abstraction layer on top of the various resources (like development/deployment of an application, processing instructions, and data storage) required in computing. By abstraction, I refer to…