Computer software


As you are aware that a Computer program is not patentable in India. 
So will it serve any purpose, if the same is applied in USA  

OR 

will it hold equally good, if in India only it is applied in combination with some computer hardware !

 
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Corporate Commercial & IP Lawyer

Yes Computer Software as a combination with hardware embedded can be patentable in India,

Regards,

Nagaraj

www.iplexglobal.in

 
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Corporate Commercial & IP Lawyer

Ideally in USA, you can apply for two patents depending upon the case.. one for software and another for hardware..

when it comes to India, you can get patent for software in combination with hardware..

Regards,

Nagaraj

www.iplexglobal.in

 
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Computer software are not patentable in india as it is . However one can design a hardware specific for your software and then apply for patent for the whole system. 

I would like to take this oppurtunity to explain you as to why softwares cant be patented in india 

Firstly Software are WRITTEN in one or the other computer language and anything written will fall into literary work or art work, any art form are not patentable 

secondly softwares are mere implementation of priviously known mathematical formulas , anything previously known can be anticipated by giving reference to prior art/work. 

America being one of the country who wants have monopoly over every resources on earth grants patents for software so as to create monopoly over softwares also, suppose indian patent act get amended sometime including provision for grant of software patents then indian developer will have very limited number of patent and if anyone uses(commercially) american patented software they will have to pay royality to american developers.

having explained to you the reasons i would also like to suggest a remedy.

(I am assuming you have some software for which you want to protect. )

You can go for copyright of your software along with a convention patent application or apply for the patent through PCT application and designate america. If your software will be novel it can be granted in america and other countries where software patents are permissible (according to WIPO there are 140 countries which can be designated through PCT). Or else you can hire someone like me who has knowledge of indian patent system and posses rich knowledge of embedded system design to help you devise an emebedded system specifically for your software and then apply for the patent for the system.

mail me at  

chaitanya.priya@outlook.com

 
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Advocate & Consultant

Thanks a lot.

 
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