{"id":3657,"date":"2017-08-29T17:05:42","date_gmt":"2017-08-29T11:35:42","guid":{"rendered":"https:\/\/enterslice.com\/learning\/?p=3657"},"modified":"2020-12-21T17:17:50","modified_gmt":"2020-12-21T11:47:50","slug":"what-does-software-patents","status":"publish","type":"post","link":"https:\/\/enterslice.com\/learning\/what-does-software-patents\/","title":{"rendered":"What does Software Patents mean?"},"content":{"rendered":"

Software Patents are a type of patent on a piece of software such as Computer program, algorithm, user interface, and libraries. Software patents offer much superior protection to software developers as compared to copyright law. Under the Patents Act, 1970, an ‘invention’ also includes software as well.<\/p>\n\n\n\n

Example-<\/strong>
Apple has used this patent to prevent its Android competitors from copying the aspect of its user interface.<\/p>\n\n\n\n

Introduction to Software Patents<\/h2>\n\n\n\n

A software patent is an exclusive right granted by the State Government to the owner of a particular piece of software. Getting this patent ensures the owner that his software cannot be copied, duplicated, or adapted in any way, by anyone.<\/p>\n\n\n\n

Generally, a software patent right is granted for a period of 20 years and it is provided to the applicant in the exchange of disclosure of their inventions.<\/p>\n\n\n\n

Cost and Applicability of Software Patents<\/h2>\n\n\n\n

A software patent charge or cost audit enforcement may be much higher and is subject to the difficulty and the requirements of the patent type. Similar to another category of patents, software patents must be applied according to country or region.<\/p>\n\n\n\n

The software itself is not patentable in India. However, Software can be patented if it is a part of an invention that is both innovative and capable of industrial use. This is governed under the Patents {Amendments} Act, 2002, through the new proposed Clause k and contains the word “per se” attached to a computer program. In the ‘Clause k’ the word “per se” was introduced\/inserted, which means ‘by itself’ or ‘in itself’ or ‘such as’ or ‘intrinsically’.<\/p>\n\n\n\n

The purpose of adding this word was to clarify the meaning of computer programs, because sometimes the computer program may include other things. The major intention of doing this was not to reject them but to grant patent only to inventions that are innovative and industrially useful.   <\/p>\n\n\n\n

Why you should get Your Software Patented?<\/h2>\n\n\n\n

A software patent is able to grant you two advantages:<\/strong><\/p>\n\n\n\n

\"software<\/figure><\/div>\n\n\n\n
  1. Nobody else, without permission can manufacture, use or sell your software to make money, throughout the time for which the patent is granted.<\/li>
  2. The fact that under the Indian law a patent is granted by Patent Registration<\/strong><\/a> for a period of 20 years saves you from the trouble of frequent renewals and further expenditure.<\/li><\/ol>\n\n\n\n

    Concerns with a software patent<\/h2>\n\n\n\n

    Some concerns for a software patent are:<\/strong><\/p>\n\n\n\n

    \"Concerns<\/figure><\/div>\n\n\n\n