Patenting of computer related invention in India a post TRIPS comparative study as compared to those of USA and EUROPEAN UNION

Abstract

This research study relates to the subject matter of patenting of computer newlinerelated invention in India. The computer related inventions (CR Inventions), involve newlineuse of computer programs to control the functioning of computers or other devices. newlineBefore 2003, CR Inventions were not a patentable subject matter and computer newlineprograms were protected as literary work under Copyright Act, where the newlineexpressions of copyrighted work are protectable. On January 1, 1995, with the newlineformation of World Trade Organisation (WTO), India also became member of WTO newlineand as a consequence of this India also signed Trade Related Aspect of Intellectual newlineProperty Rights Agreement (TRIPS Agreement). TRIPS agreement required its newlinecontracting members to amend their Intellectual Property Rights Laws (IPR Laws) newlinecompatible with the provisions of TRIPS Agreement, within a time frame. A time newlineframe of ten years i.e. up to December 31, 2004 was given to India to amend its newlineIPR Laws to make it compatible with provisions of TRIPS Agreement. As a newlineconsequence of this agreement, India amended its Patent Laws from time, so as to newlinemake it TRIPS compliant with effect from January 1, 2005. TRIPS agreement newlinerequired that the patent shall be required to be given to inventions in all fields of newlinetechnologies, provided the invention satisfies the patentability criteria of Novelty, newlineInventive Step and Industrial Utility. There were few exceptions for technological newlinefields where no patent was to be granted. The Patent (Amendment) Act 2002, which newlinewas enforced from May 20, 2003, allowed patenting of CR Inventions to a limited newlineextent for which a section 3 of The Patent Act, titled, What are not inventions was newlineamended by inserting a clause (k). The section 3(k) includes non-patentable newlinesubject matter for which no patent is to be granted. The section 3(k) reads a newlinemathematical or business method or a computer program per se or algorithms . newlineThe section 3(k) includes four terms (i) mathematical method (ii) business newlinemethod ( iii) computer program per se (iv) Algorithm It is noted tha