Should I copyright or patent my software?

Most discussions concerning protecting software touches upon this question, one way or the other. Patents and Copyrights are different forms of Intellectual Property, and they protect different aspects of a creation. Patents protect “concrete” ideas, and are intended to protect inventions – specific implementation or set of implementations of ideas. An example for a patentable…

Basics of Patents

Objective: To give an insight into analyzing  patentability of an invention, understanding patent process and its concepts, and purpose of doing various types of patent searches before applying for a patent and before commercializing an invention. Outline: Analysis of patentability criteria, Types of patent searches, Types of patent applications, Application for patents, and Patent Process.…

A New Policy on Registration of Patents- DU

Delhi University’s Intellectual Property Rights Cell was established in 2008 with the motto of helping researchers, inventors and creators manage their intellectual property rights through the legal machinery and also to manage its commercial aspects like, Patentability, legal issues involve and IP Valuation. The new policy on Registration of Patents is expected to deliberate upon…

“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…

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…