[Commons-Law] software patents-india

[Mahesh T. Pai]

srinivas at southcentre.org said on Tue, Mar 08, 2005 at 10:46:34AM +0100,:

 > Are the  patent offices in  India are equipped enough  to ascertain
 > the prior art in software patents.

For  that matter, are  the patent  offices in  any country  capable of
ascertaining prior art in software??

Please realise  that unlike scientific  research except in the  Free /
Libre - opensource software world, no publication of work takes place.

And  communication  is   almost  instantaneous,  that  the  philosophy
underlying the  concept of  `prior art' cannot  apply, as  a practical
matter.

 >  The possibility of unddserving  too broad patents blocking further
 > innovations and  making inventing around difficult  cannot be ruled
 > out.

First,  please  consider  whether  activities in  software  field  are
identical to industrial production.

 > The implications of the same for open source software in india have
 > to be examined.

Software industry  is one without  borders.  Recall the  problems with
imposition of tax on e-commerce?

Implications for Free software is uniform around world. 

 > Will  any one  enlighten  me  about the  position  of the  software
 > industry in  this.Are the big players like  TCS,infosys, WIPRO keen
 > on software patents.

When you  find out, please do tell  us. ;) (no offence  meant - AFAIK,
there are no public statements by  such companies on s/w Patents - but
I may be wrong).

Hmmm. Does this mean that the  recent amendments to the Patent Act are
intended *to* apply to software?

HTH. 

-- 
         Mahesh T. Pai    <<>>   http://paivakil.port5.com
End Users are just friends who haven't submitted a patch yet.