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ARTICLE · 30 NOVEMBER 2005

Patentability of Softwares in India

Software patents are one of the most contentious issues in Intellectual Property Rights. The growing economic significance of computers and computer programs gives software patents this controversial status.

IndiaIntellectual Property

Software patents are one of the most contentious issues in Intellectual Property Rights. The growing economic significance of computers and computer programs gives software patents this controversial status. It can be noted that after biotechnology patents, it is software patents which really attracts major public discussions on patents. This precisely was one of the reasons for the Indian Parliament to take cautioned steps with regard to software patents, while bringing in amendments to the Patents Act in 2005.

The increasing significance of software patents warrants further discussion about its protection in India. This discussion assumes special significance when we realize that software giants like Microsoft are holding about 6,130 patents till January 2005. As new and new software giants build up their research and develop centers in India we must also think about analyzing the protection given to the software.

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