[Commons-Law] Norms for software patents to be finalised
Ram
prabhuram at gmail.com
Fri Feb 18 16:30:10 IST 2005
Norms for software patents to be finalised
Business Standard
The government will finalise detailed guidelines for patent examiners
over the next one month specifying the conditions under which
software, polymers and other chemicals can be patented.
"There is a general notion that software can be patented. That is not
true. You cannot patent software. However software embedded in
hardware can be patented. All such issues are sought to be clarified
through these working guidelines for the patent examiners which will
be put up on the web once they have been finalised," an official told
Business Standard.
Officials said that the first draft had been prepared and was being
discussed by the ministry officials with legal experts and industry
representatives. The guidelines would be finalised in the next one
month.
The government has already hired 175 patent examiners to deal with the
load of patent applications. The modernisation of patent offices is
underway and the new patent office in the capital will be inaugrated
next month.
Along with patent, work on the other areas of intellectual property
like Geographical indicators (GI) is also picking up pace. The
government has granted GI on six products including chanderi sarees
and Darjeeling tea and is considering proposal to grant GI on 30 other
items, officials said.
Earlier today Commerce and Industry Minister Kamal Nath said that the
new modernised product patent regime will help attract more foreign
direct investment and make India a new destination for contract
manufacturing and contract research.
"The modernised patent law is expected to provide a secure and
conducive environment to investments. India could be new destination
for contract manufacturing and contract research since India has cost
and capabilities advantages," Nath said in his address to the National
Seminar on Promotion, Protection and Enforcement of Intellectual
Property Rights organised by his ministry in association with the
World Intellectual Property Organisation (WIPO) and Ficci.
The minister, whose speech was read out in his absence, said that the
government had undertaken an ambitious programme to modernise the
intellectual property rights administrative infrastructure with a view
to making the system efficient, IT-enabled and more user-friendly
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