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Comptroller General reiterates exclusion of software from patent regime - (19 Feb 2016)

Intellectual Property Rights

The Comptroller General of Patents, Designs and Trademarks showed its intention to continue disallowing the grant of patents on software. In its report titled ‘Guidelines for Examination of Computer Related Inventions’ was reiterated that Section 3 of the Patents Act, 1970 prevented patentability of computer programs in the form of algorithms as method claims or systems claims with some ‘means’. However, software teamed with hardware, and being intrinsic to its operation, may avail protection under patent.

Relevant : Section 3 Patents Act, 1970


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