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Mika (None)     11 May 2011

Why Computer programms can nit be patented?

Could you please send me the rational reasons why computer programs can not be patented in India?

Why are they allowed to be patented in USA?

Is there difference between "Software" and "Computer Program?" if So, Is Software are patented? ( eg CAD/CAM softwares, Architectural softwars, Simulation Softwares etc)

Apart from USA is thete any country which allows software patents?

I need information about how can software get patent in India?

If software is passing the test of novelty, non obviousness and industrial utility, why are they not allowed in India and how come USA allows this?

Please send me your views.





 9 Replies

captainjohann (Director Bangalore chapter)     12 May 2011

Americans are clever people and they promoted open source software to fool the Indians who are best in software programming. It is just our patent law must also include software programming. also we must guard against these type of people who promote open source while in their own country it will not be permitted.

Snigdha (advocate)     12 May 2011

Hi Mika

Software can be provided with copyright protection.

But if you want patent protection than you can go ahead with the computer hardware perse.. This the only way that your software, along with the hardware can be protected in India. If you want to know the details or discuss any futher, you can mail me at

Thank you


Snigdha Sharma 

1 Like

Mika (None)     12 May 2011

Thanks captainjohann and Singdha

I think we will be giving heavy royalty in future to US for using the softwares developed by Indian software comapnies and programmers :(



S. P. ASHOK (Advocate Bombay High Court 8450920005     13 May 2011

Dear Mika,

Patent Act of India does not have provisions for the patenting of Softwares alone. Why so ? It can be questioned  but ......................? Any way if you want to proect your softwares, you have to go as advised by Advocate  Snigdha Sharma.

S P Ashok

Nagaraja B S (Corporate Commercial & IP Lawyer)     16 May 2011

Software programmes can be copyrighted. However, they cannot be patented.

Captain is correct. It is very good observation.



Trademark Attorney & IP Lawyer

IP Lex Global Services


Mob: 9902007635

Mika (None)     17 May 2011

But why US allows the patenting of software per se?Is there any specific reason?

I can understand that software are the implementation of mathematical formulas with the use of programs, but since it is enhancement in usibility of mere formulas, why cant they patened on this ground?




Anith James Kannankeril (Partner, Law firm)     29 May 2011

@ Mika

i believe the indian law does not recognise software as an invention/design etc. since a software is "written", it can be recognised as a writing, probably thats the reason why it can be copyrighted. that might no be the case in US - not sure


Germany is excellent.

HANSA KASHYAP (--)     17 May 2012

Hai! I am a specialist in online IPR...

In India, only embedded softwares and/or applications, which hold the primary responsibility for the functioning of a mechine, such as washing mechine..are patentable.

Those softwares, which will serve as a basis for future develoment of softwares or only copyrightable.


For further information..

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