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Procedure of Software Patents in India

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.

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Computer Program/Software registered under Copyright Law

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.

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Software Patents Granted in India

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

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Are software inventions patentable 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.

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Getting Software Patents in India

Grant of Software Patents in India is possible. Patents filed for innovations relating to computer programs, software and mobile applications protect the novel and inventive features of such innovations from being copied by the competitors. Software Patents in India is granted for an embedded software in a mobile application, and/or software plus hardware combination.

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How to Get a Patent in India for Software

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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Patents & Venture Capital Investments

It is very important for entrepreneurs’ startups and Small and medium enterprises (SMEs) to know how patent applications and grants held by new ventures improve their ability to attract venture capital (VC) financing. Generally, investors are faced with significant ambiguity and hence they rely on patents as indicators for calculating the potential of companies. It… Continue reading Patents & Venture Capital Investments