Intellectual Property Rights: Open Access

Guido Noto La Diega

Publications

• Research Article
  Patents on Computer-Related Inventions in India
  Author(s): Guido Noto La Diega* Guido Noto La Diega*
  
  In India, sec. 3(k) of the Patents Act 1970 clearly excludes the patentability of computer programmes per se. For many years, the regime of computer-implemented inventions has been unclear, until the Controller General of Patents, Designs and Trade Marks (the Indian homologous of the Intellectual Property Office) issued its Guidelines on the examination of computer-related inventions. Notably, this gave rise the civil society’s protests; indeed, there was the fear that the government was surreptisciously allowing the patentability of computer programmes per se. Therefore, the guidelines have been withdrawn and recently a new version has been published. It openly reaffirms the exclusion of the software patents and introduces a three-step test to determine the applicability of sec. 3(k) of the Patents Act to computer-related inventions. This opinion focuses the new guidance, by pl.. View More»
  DOI: 10.4172/2375-4516.1000S1-009

  Abstract PDF