The CRI Guidelines, Section 3(k), Software Non-Patentability, AND, My Dilemma Hiding In The Labyrinth!

 

You may be a supporter of OSS, Open Platforms, Trade Secrets, Licenses, or Patents; perspectives differ. When it comes to Algorithms, this is true that they should’ve been covered everywhere under the ambit of Copyrights only, and never under Patents, as Algorithms are after all LITERARY STEPS or Methods written in literary wordings with no technical advancement ‘per se’, but merely an instruction to perform a technical action, which in its original format directly cannot be industrially implemented. I’ve no idea why some contend(ed) to include it under the ambit of Patents. And when the Algorithms are being converted into Coding and implemented as Software, then too, Algorithms, should be covered under Copyrights only, for the reason that once they being coded, their characteristics, language, and way of implementation, format changes. So, when something absolutely gets transmuted from one form or another, then it cannot be considered as original (again, ‘per se’). BUT, there’s massive issue in including Algorithms under the ambit of Copyrights as well. Do you think, an N-Bit encryption, should’ve the term of LIFE + 60 YEARS, further, in the absence of Compulsory License/March In Rights, as stated under the ambit of Patents, for instance S. 84.

Looking Trademarks & Domain Names Once, From The Perspective Of Copyrights!

 

This I’ve discussed, in few of my previous blogs, wherein if the concept and requirement of Compulsory License is unneeded; then what is the point of both having the period of expiry (albeit putting in the suspension mode is much better in case of failure to renewal sine-die, rather, putting it out in open) both in case of trademarks, as well as, in case of domain names; because again, what’s been done herein, let’s say if and when the period of Copyright expires, what if it gets registered in someone else’s name, then would that be justified? NOPE! Example, if the rights of Homer, or, Sarojini Naidu in copyright expired, but now gets registered in the name of someone else! Justified?

Looking Patents Once, From The Lens Of Trademarks!

 

This is one of my dilemmas of dilemmas’ in the labyrinth of regulations.

Now, you would ask this question to me, that how come I can jumble up these terms and definitions Patents & Trademarks? But again, I’ve captioned in the subject line that, looking only once the Patents from the lens of Trademarks, and not beyond. And what does this mean?

Tale this example. Your trademarks are accepted on the grounds if you’re able to obviate the objections cited in the examination reports. Sometimes there’re similar cited marks, which you need to obviate, and sometimes objections like Section 9, in which case, occasionally, no similar marks are cited. Yet, even under the stringent provisions like Section 9, there’s a sub provision which states: provided that the trademark shall not be refused if it has acquired a distinctive character as a result of use. Remember the term use.

A.I. Hallucination, AND, Submission Of Case Precedence!

 

There’re few incidents wherein A.I. hallucinations resulted in the action against those in the legal sector who submitted wrong case precedence that never even existed. The onus was put on AI stating that it is the AI that hallucinated by the ones who quoted the case precedent, albeit latter were being penalized due to the Natural Person clause.