Patenting of Computer Software: Status and Approach

Abstract

<smarttagtype namespaceuri="urn:schemas-microsoft-com:office:smarttags" name="country-region"><smarttagtype namespaceuri="urn:schemas-microsoft-com:office:smarttags" name="place"> Computer software, as literary work, is protected in accordance with the Berne Convention, 1971. Accordingly, it is protected in India under Copyright Act, 1957 (as amended up to 1999). Some developed countries like USA, UK, Japan, etc. have allowed patenting of certain type of computer software related inventions by defining it in their own ways, e.g. “technological arts”. This has generated debate whether such patenting of computer software in India would have positive economic and technological impact as the country is moving ahead to be an important global player in the area of computer software and services. </smarttagtype></smarttagtype>