Dilemma of Software Patents

Few years back, I contended for the need of Software Patents at a moderate level. The present blog contradicts it. So far, in my previous blogs, I’ve covered parts of IP (Pat/TM/D/C) & IT (Acts & Rules), International Procedures/Constraints, Domain Arbitrations etc. The present blog, as stated above, is where I elucidate the Dilemma of Software Patents.

Computer Programs or Software, are mere copyrightable processes or truly deserve to be considered as Inventions? If Patent Act in 3(k) says about algorithm or computer programs being non-patentable, so how come Companies keep filing & getting Patents? What exactly is covered? Process or Product? Software is a machine dependable process; so, when the language for novelty: a unique computer program which is machine dependable & enhances the machine dependent outcome, is used, then what does that mean? Are we talking about Embedded/ VLSI level coding only? If Computer Programs are defined in 2.(ffc) of Copyrights, then are we talking about Inventions made at Embedded level only & never for Softwares alike eg. Word, or, Web/App based? What are Algorithms then? Mere literature based methods? And if the Class Files are already defined, so goes with the Algorithms too, then can a process ever become novel or unique?

I expand the scope of all this in the present blog & the dilemma about Software Patents. If Algorithms are Copyrightable, then shouldn’t exist a term as Copyright in Patents, alike, Copyright in Design (S.11 of Design), which is restricted to Processes & Not Products? Same goes with Software Code! But the term period of that should be no more than 5 years (my suggestion), counting the calendar year next from the date of grant! If Maps, Self Driving Cars, AI modules etc. are built on the similar platforms amalgamated with similar Algorithms, so where’s the point of Software Product Patent appears? Yup, processes exist, but where would one draw the line for being Unique or Novel? Some Nations grant Software Patents, but again, how far the uniqueness could or would be justified? Or can we mere segregate the novel processes within the Software, rather, giving preference to the entire Software or Algorithm? Here the Product in any case cannot be novel for all known perceptible outcomes. So, Four things I suggest:

1.    Include the term Copyright in Patents but with Short Term Duration;

2.    Segregate the novel processes within the Software, circumventing the entire Product;

3.    Let the infringement be restricted to those processes mentioned in point 2 rather entire Software (Collection of Modules) or even the Product;

4.    Make the term clear, as, Are Computer Programs mere literature of copyrightable  codes or should be aligned only at embedded level or could also be restricted to the above three points. 😊       

© Pranav Chaturvedi