An Overview of Software Patenting

March 21, 2021 Off By admin

The concept of “intellectual property” in India has taken on epic proportions in recent years for a number of reasons. One of the main reasons, attributable to the growing awareness among the urban Indian population, is the significance and, above all, the commercial advantages in protecting its intellectual property rights both inside and outside India. And according to traditional principles of intellectual property protection, patent law encourages scientific research, new technologies and industrial progress. The fundamental principle of patent law is that the patent is granted only for an invention that is new and useful, that invention must have novelty and utility. The granting of the patent thus becomes industrial property and also called intellectual property. And computer software is a relatively new recipient of patent protection.

The term “Patent” has its origin from the term “Patent Letter”. This expression “Patent Letter” meant an open letter and were instruments under the Great Seal of the King of England addressed by the Crown to all subjects in general where the Crown conferred certain rights and privileges on one or more individuals in the kingdom. It was in the later part of the 19th century that new inventions in the field of art, process, method or way of manufacturing, machinery and other substances produced by manufacturers were increased and inventors took great interest that inventions made by they must not be violated by anyone else by copying them or by adopting the methods they use. To save the interests of the inventors, the then British rulers enacted the Indian Patents and Design Act, 1911.

Regarding the patentability of software-related inventions, it is currently one of the most heated areas of debate. Software has become patentable in recent years in most jurisdictions (albeit with limitations in some countries, particularly those that are signatories to the European Patent Convention or EPC) and the number of software patents has increased rapidly.


The term “software” has no precise definition and even the software industries fail to give a specific definition. But it is basically used to describe all different types of computer programs. Computer programs are basically divided into “application programs” and “operating system programs”. Application programs are designed to perform specific tasks to be performed through the computer, and operating system programs are used to manage the internal functions of the computer to facilitate the use of the application program.

Although the term “Software Patent” does not have a universally accepted definition. A definition suggested by the Foundation for a Free Information Infrastructure is that a software patent is a “patent on any performance of a computer performed by means of a computer program”.

According to Richard Stallman, the co-developer of the GNU-Linux operating system and proponent of free software, says: “Software patents are patents that cover software ideas, ideas that you would use in software development.เว็บไซต์พนันออนไลน์ที่ดีที่สุด

That is, software patents refer to patents that could be granted on products or processes (including methods) that include or may include software as a significant or at least necessary part of their implementation, i.e. the form in which they are put into practice (or used)) to produce the effect they intend to provide.

First example of a software patent:

On September 21, 1962, a British patent application entitled “A computer set up for the automatic solution of linear programming problems” was filed. The invention concerned efficient memory management for the simplex algorithm and can be implemented by purely software means. The patent was granted on August 17, 1966 and appears to be one of the first software patents.