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Patenting of computer related invention in India a post TRIPS comparative study as compared to those of USA and EUROPEAN UNION

Shodhganga@INFLIBNET

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Title Patenting of computer related invention in India a post TRIPS comparative study as compared to those of USA and EUROPEAN UNION
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Contributor Singh, Ranbir
 
Subject Indian patent
Intellectual property rights
Patent law
TRIPS
 
Description This research study relates to the subject matter of patenting of computer
newlinerelated invention in India. The computer related inventions (CR Inventions), involve
newlineuse of computer programs to control the functioning of computers or other devices.
newlineBefore 2003, CR Inventions were not a patentable subject matter and computer
newlineprograms were protected as literary work under Copyright Act, where the
newlineexpressions of copyrighted work are protectable. On January 1, 1995, with the
newlineformation of World Trade Organisation (WTO), India also became member of WTO
newlineand as a consequence of this India also signed Trade Related Aspect of Intellectual
newlineProperty Rights Agreement (TRIPS Agreement). TRIPS agreement required its
newlinecontracting members to amend their Intellectual Property Rights Laws (IPR Laws)
newlinecompatible with the provisions of TRIPS Agreement, within a time frame. A time
newlineframe of ten years i.e. up to December 31, 2004 was given to India to amend its
newlineIPR Laws to make it compatible with provisions of TRIPS Agreement. As a
newlineconsequence of this agreement, India amended its Patent Laws from time, so as to
newlinemake it TRIPS compliant with effect from January 1, 2005. TRIPS agreement
newlinerequired that the patent shall be required to be given to inventions in all fields of
newlinetechnologies, provided the invention satisfies the patentability criteria of Novelty,
newlineInventive Step and Industrial Utility. There were few exceptions for technological
newlinefields where no patent was to be granted. The Patent (Amendment) Act 2002, which
newlinewas enforced from May 20, 2003, allowed patenting of CR Inventions to a limited
newlineextent for which a section 3 of The Patent Act, titled, What are not inventions was
newlineamended by inserting a clause (k). The section 3(k) includes non-patentable
newlinesubject matter for which no patent is to be granted. The section 3(k) reads a
newlinemathematical or business method or a computer program per se or algorithms .
newlineThe section 3(k) includes four terms (i) mathematical method (ii) business
newlinemethod ( iii) computer program per se (iv) Algorithm It is noted tha
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Date 2018-10-01T11:53:34Z
2018-10-01T11:53:34Z
14/10/2014
18/07/2017
12/08/2017
 
Type Ph.D.
 
Identifier http://hdl.handle.net/10603/217973
 
Language English
 
Relation 130
 
Rights university
 
Format i,384
30cm.
DVD
 
Coverage Law
 
Publisher Delhi
National law University, Delhi
Department of Law
 
Source University