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ARTICLE · 15 FEBRUARY 2022

Software Patents - An Indian Perspective

Software, core of technological innovations, is considered to be the driving force with respect to current developments across sectors such as automobile, healthcare, manufacturing, networking, telecom, etc...

IndiaIntellectual Property
Chinthan Japhet
Chinthan Japhet
Perzeus Abhas
Perzeus Abhas
Author LinkedIn connections

Software, core of technological innovations, is considered to be the driving force with respect to current developments across sectors such as automobile, healthcare, manufacturing, networking, telecom, etc. In addition, software programs have helped in developing cutting edge technologies, such as artificial intelligence, machine learning, Internet of Things (IOT), blockchain and cognitive computing. Albeit all this development, protection for software programs or Computer Related Inventions (CRI) requires to be examined. 

Typically, software programs are protected via the copyright law.  However, copyright law fails to safeguard the technical aspects or functionalities of the software program.  A broader form of protection is guaranteed by the patent Law. However, patentability of software programs or Computer Related Inventions (CRI) has been a subject of major confusion in various jurisdictions. 

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