Get Patent Software in India
The software industry has been a major economic driver for India thanks to its vast pool of hugely talented fraternity in computer science, information technology. Robotics, Internet of things (IoT), Robotics, electronics just to name a few. Innovative ideas of solving problems or making existing processes more efficient by the use of technology have been the key to the success of these start-ups and self-motivated individuals and teams. Protecting the backbone on which the technology relies is the key.
Patent for Software
“How to get patent for software?” is a frequently asked questions among these Innovator Entrepreneurs. The short answer is that software can be patented; but, it might not always be a cakewalk. The patent laws in countries such as the USA are quite different from that in India which does not allow computer program to be patented by virtue of section 3(k) in the Patent Act which states that “mathematical or business method or a computer programme per se or algorithms” under items which are not patentable. In addition, the Computer-related guidelines (CRI) is not conducive to allowing patent protection to the software.
However, the patent of software is granted provided the objections under section 3(k) can be appropriately justified. The restriction is on patenting standalone patents and not on something that adds value to the system. It is the skills of the patent agent in his ability to draft claims and address objections raised under section 3(k) of the Patent Act 1970. The focus should primarily be obtaining a patent for a product in which the software plays an essential part & highlighting its technical contribution. Thus, it is quite possible to get a patent for the software.
Other options that have somewhat equal protection are:
Copyright for Software
Copyright registration is more frequently used in India to protect standalone software. Section 2(O) of the Copyright Act, 1957 allows for Computer software/programs to be registered as a literary work. Copyright protection is, therefore, an apter and easy to go for approach in the protection of software. While applying for copyright registration for software, the ‘Source Code’ must accompany the application for copyright registration to the Copyright Office.
Trademark Registration
In addition to patent and copyright, a trademark registration can also be filed to protect the brand name of the software product. A software product may have a number of brand names in-built and these names can be trademarked. For instance, if a software product offers a unique functionality named “It kills the virus before sending the file to USB or uploading it” then the word “Kill n Send” or “Clean n send” can be trademarked to prevent competitors from using the same word.