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ARTICLE · 30 DECEMBER 2020

Can Software Be Patented?

Khurana & Khurana, Advocates and IP Attorneys
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The 21st Century has always been about computers, software and the internet.

IndiaIntellectual Property

The 21st Century has always been about computers, software and the internet. The very first time a stored-program computer held a piece of software in electronic memory and executed it successfully, was 21st June 1948, at the University of Manchester, on the Manchester Baby computer. Do you know what was it for? That software calculated the highest factor of the integer 2^18. Looking at the progress in the field of software it is evident that we have come a long way. Today we are entering the industrial revolution 4.0 which is powered by Artificial Intelligence (AI).

Being an IP enthusiastic, I like to look at the development from an intellectual property perspective. Under the Copyright Act, 1957 the software is granted copyright protection unless it leads to a technical effect and is not a computer program per se. So generally, the software which doesn't have a technical effect is granted protection under the copyright regime. The threshold criteria to qualify for

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