Methodology of Patenting Software Product

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Methodology of Patenting Software Product

By | September 2009
Page 1 of 11
METHODOLOGY OF PATENTING SOFTWARE PRODUCT

Mr. S. Manivannan Dr. S. Balasubramanian

Research Scholar IPR Consultant & Research Supervisor

Anna University Coimbatore Anna University Coimbatore

Coimbatore – 641 046 Coimbatore – 641 046

e-mail: smanivannan2003@yahoo.com e-mail: s_balasubramanian@rediffmail.com

&

Dr. K. Gopalakrishnan, Member, Board of Governors,

National Design and Research Forum, Bangalore – 560 001

Abstract

Patents, originally created to stimulate innovation, may now be having the opposite effect, at least in the software industry. Plagued by an exponential growth in software patents, many of which are not valid, software vendors and developers must navigate a potential minefield to avoid patent infringement and future lawsuits. Coupled with strategies to exploit this confusion over patents, especially in standards setting organizations, it appears that software advancement will become stifled unless legal action is taken to resolve the situation.

Introduction

The concept of “intellectual property” in India over the last few years has taken on some epic proportions for a number of reasons. One of the primary reasons could be attributable to the growing awareness among the urban Indian population of the significance and, more importantly, the commercial benefits in protecting its intellectual property rights both within and outside India. Some of the other factors are the rapid development of the technology, pharmaceutical and bio technology industries in India where the assets of these industries lie primarily within the intellectual property that they create and develop. Finally, one cannot ignore the advent of the foreign influence on the Indian consciousness. This foreign influence could be motivated for purely selfish reasons, in that, the foreign companies have either established their subsidiaries in India or have entered...
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