Software Patent
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GNGP Chartered Accountants is an online business compliance platform that helps entrepreneurs and other individuals with various, registrations, tax filings, and other legal matters.
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Introduction
Software Patent
A software patent is a property right that protects computer programs or any performance of a computer from computer programs. A software patent is considered a type of utility patent with no true legal definition. Software patents are a topic of controversy both in the United states and around the world.
A software patent differs from a software copyright. Both protect the product, but a copyright only covers the expression of an idea. For example, it might cover only the exact written code of a software program. Software patents and software copyrights are both a part of intellectual property law.
According to US law, software (sometimes legally called computer implemented processes) is a patentable item. However, like any other invention, the software must meet certain criteria.
Rules for Software Patent Registration in India
- Mathematical or business method or a computer programme per se or algorithms.
- Literary, dramatic, musical or artistic work or any other aesthetic creation whatsoever including cinematographic works and television productions.
- Mere scheme or rule or method of performing mental act or method of playing game.
- Presentation of information.opography of integrated circuits;
- Topography of integrated circuits.
Benefits
What are the advantages?
Reduced legal fees
A patent management tool synched with the U.S. Patent and Trademark Office (USPTO) can provide automatic status updates that outside counsel would otherwise bill you for. When powerful data science provides the information to track your case,
Patent vetting
Any process by which you're vetting and selecting ideas to draft and file requires input and collaboration from stakeholders familiar with the technical benefits, budget considerations and strategic vision.
Greater patent prosecution efficiency
the process by which you obtain a patent — entails drafting, filing and negotiating issuance with the patent office. The likelihood of successfully prosecuting a case often depends on the allowance rate of the examiner assigned to the case.
Multiple innovation dashboards
Zeroing in on the precise data you need helps you stay on top of your patent pipeline as well as make timely and informed decisions.
Process
Software Patent In Easy Steps
Patentibility of a Computer Program or Software
New Invention
Only a new or novel invention can be granted a patent, the test of novelty is non-publication or disclosure of the patent except to the Patent Office.
Inventive Steps
To make a software patentable the inventor have to establish that the computer programme is made out of inventive steps and is non-obvious.
Industrial Applicability
The patent specification be drafted carefully to disclose a practical application and industrial use for the claimed invention.
Economic Benefit
The general condition for patentability is the commercial benefits out of the Invention. The claims of Invention must indicate effective value.
