Strong patent claim drafting skills can make the difference for a grant of software patent application by the patent examiner. However, writing a patent specification for information technology domain, software business app or mobile applications, cloud computing or IoT (Internet of Things), and subsequently drafting the required patent claims are highly technical in nature.
The Indian patent office has published a manual of patent office practice and procedure, which explains the functioning of the patent office by describing multiple steps of the patent registration process in India, including, patent application filing, patent prosecution, patent examination, issuance of patent examination report, patent hearings, patent grant, issuance of patent certificate, pre-grant patent opposition, post-grant patent opposition, and renewal of granted patents in India.
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.
Overview of Software Patents Granted in India along with examples of software patents granted in India, as listed below: 1) Indian patent application number 3803/CHENP/2008 titled “DISAGGREGATED SECURE EXECUTION ENVIRONMENT”; 2) Indian patent application number 5992/DELNP/2005 titled “A SYSTEM FACILITATING A COMPUTER OBJECT ACCESS CONTROL” … More Software Patents Granted in India
The Indian patent office defines software inventions under the category of Computer Related Inventions, one or more features of which are embodied wholly or partially by means of a computer program(s). Such inventions have been described in the guidelines published by the patent office for examination of computer related inventions, or CRIs.
Conduct a patentability search of the prior art available in the public domain is advisable before filing the software patent application. The software patent strategy includes the steps of reviewing non-patent literature documents like journal, newspaper articles, magazine articles, books, conference materials, brochures, and research reports.
Software has become patentable in recent years in most jurisdictions and the number of software patents has risen rapidly. In India, with regard to patentability of software, the software should necessarily have a technical application to the industry or be intrinsic too or "embedded" in hardware.
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