Software Patents
The processing power of computer and computer programs has been used extensively in recent past to accelerate the development of innovative products and solutions. Such innovations do not attract blanket protection of patents covering abstract ideas and software code, but unique aspects pertaining to performance of computer related inventions are eligible for patent protection.
Although Section 3(k) of the Indian Patents Act clearly states that patents cannot be granted for computer programs per se, a thorough analysis of Indian Patent Office Patent Search Database reveals that patents pertaining to computer related inventions are regularly granted in India.
Software Patent Example
On 16.04.2019, the Indian Patent Office issued patent registration certificate to “GENERAL ELECTRIC COMPANY” for a patent titled “CONTROL SYSTEM AND METHOD FOR CONTROLLING MOVEMENT OF AN OFF-HIGHWAY VEHICLE”. The granted patent claims relate to a method covering monitoring train operations, monitoring train speed and train power during journey of a train, estimating resistance coefficients, accessing trip database, and, updating train operation model. In addition, dependent patent claims cover various limitations, such as, for example, but not limited to, estimating frictional coefficient and a wind resistance.
While reading the supporting patent description, it can be concluded that this method is implemented using computers, and specifically, relates to data processing of parameters of operation of train, which includes various mechanical and hardware components.
Law Office of Patent Attorney Rahul Dev offers high value software patent drafting and patent due diligence services to clients by using proprietary and efficiently proven process along with a fixed fee costs, for performing comprehensive patent investigations and providing clients with strong patent reports for decision making.
We provide comprehensive Patent and Trademark legal services via our global network to create valuable patent portfolios and resolve complex patent disputes by providing patent litigation support services.
Our team of advanced patent attorneys assists clients with patent searches, drafting patent applications, and patent (intellectual property) agreements, including licensing and non-disclosure agreements.
Advocate Rahul Dev is a Patent Attorney & International Business Lawyer practicing Technology, Intellectual Property & Corporate Laws. He is reachable at rd (at) patentbusinesslawyer (dot) com & @rdpatentlawyer on Twitter.
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