India should aim for a comprehensive legal framework to usher in transparent and unambiguous software patentability provisions.
Noyonika Borah, Jindal Global Law School, O.P. Jindal Global University, Sonipat, Haryana, India.
Software patent grants in India is in its nascent stage and this feature became a part of the Indian jurisprudence in the early 2000s. Patents can be described as “a legal document which provides protection to the ideas of any individual. Usually, patents constitute offour different classes: Machine (a device or apparatus created by a person for the performance of a specific task), process (a process created by an individual), manufacture (any fabricated or manufactured product) or the composition of matter (any chemical mixture or compound created by a person). “1180 Arguments may be put forward both for and against patenting of computer softwares.
On overall considerations, and to sustain desired level of equilibrium between Law and Technological Advancements, India should aim for a comprehensive legal framework to usher in transparent and unambiguous software patentability provisions. This step will help the Indian software talent pool to continually come up with technological breakthroughs in a field where it has already left a stamp of supremacy in the global arena.
Published in: Supremo Amicus
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