Emerging Issue in Intellectual Property with Reference to Computer Software and the Indian Patent Regime
Journal Title: International Journal of Interdisciplinary and Multidisciplinary Studies (IJIMS) - Year 2015, Vol 3, Issue 1
Abstract
With the advancement in science and technology one would find him amidst new inventions and ideas. Historically it is evident that with the growth of human ideas there have been growths in the inventions. Patents are granted for processes as well as products. Grant of patent provides the exclusive rights of use and exploitation of the invention by the inventor. During the existence of the patent term anyone who uses or exploits the patent without the express consent or license of the patentee would be liable for infringement of the same.Over the last few decades, the computer software industry has grown quickly; but so, unfortunately, has the controversy surrounding the patentability of computer programs. Traditionally, ‘algorithms’, or sets of instructions, have been treated as abstract ideas, and not patentable inventions. But the case of computer programs, which essentially consist of algorithms, has compelled Courts to re-examine the meaning and rationale of this exclusion.
Authors and Affiliations
Saurabh Chandra, Abhishek Gautam
Keywords
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