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ARTICLE · 24 APRIL 2017

Need ‘SoftPatents' for Software Inventions

At the outset, I would take this opportunity to congratulate the Indian Patent Office for coming up with the guidelines for 'Computer Related Inventions (CRI).

IndiaIntellectual Property

At the outset, I would take this opportunity to congratulate the Indian Patent Office for coming up with the guidelines for 'Computer Related Inventions (CRI)[1].' More so, because they did not call it 'Software Patent Guidelines.' That would have been a misnomer and a paradox drawing huge criticism. The Patent Office hit the bull's eye with the title for the guidelines at least, by calling it Computer Related Inventions and not Software Patents. The term software patent confuses a novice and he inevitably thinks that the issue revolves around bringing software protection from the purview of Copyright Law to Patent Law.

So it will be only apt to set the terminology right. In common parlance, when a patent attorney is talking about software patents, he is actually referring to an invention which is related to a computer in some way or the other, and has software as one of the essential features. Software, in simple terms, is an algorithm or a method written in the

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