In accordance with the Indian Copyright laws, Computer Software or programme can be registered as a ‘literary work’. As per Section 2 (o) of the Copyright Act, 1957 “literary work” includes computer programmes, tables and compilations, including computer databases. ‘Source Code’ has also to be supplied along with the application for registration of copyright for software products.
the software patent applications filed in India shall claim innovative methods including all the steps of flow diagram of the software applications along with novel hardware (apparatus / system claims) claims including elements of the system architecture embodying the corresponding methods / processes.
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Practically in India if a "X" company patented invention is not available at an affordable price to the public at large after two years from the grant date, section 85 of the Indian Patent Act can be invoked to grant compulsory licence. Therefore, the onus to avoid revocation in India is with the patent assignee to develop methodology to keep the price of medicines cost effective and make it available to the general public.
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The Indian patent office has announced new patent fee schedule and has proposed some amendments via Patents (Amendment) Rules 2014 for filing patent applications before the Indian Patent Office and for prosecuting Indian patent applications before the IPO. The Patents (Amendment) Rules 2014 has been notified and the patent amendments are published in Gazette Of India, and the effective date of publication is Feb 28, 2014.
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