PATENTING OF COMPUTER SOFTWARE IN THE CONTEXT OF GLOBAL TRADE IN IT SOFTWARE SERVICES

Authors

Pragya Srivastava (Corporate Lawyer), Symbiosis Law School Noida, constituent of Symbiosis International University, India.

Dr. Debashis Dutta (Chief Scientist)
Reliance Industries Limited and Former Director General, Center for Development of Advance Computing (CDAC),
Ministry of Electronics and Information Technology (MeitY), Government of India.

Abstract

In this paper, an effort has been made to examine the patentability of computer software and propose a new tool for protecting intellectual property existing in computer software. To justify the logical reasoning to protect the computer software, a comparison has been made with integrated circuits to understand the reason behind creation of a separateintellectual property tool for protecting intellectual property existing in integrated circuits. Based on discussions, it is generally found that present patent tool is not completely capable of protecting intellectual property existing in computer software. At the end of the discussion, a suggestion has been made to protect the data flow structure like topography of integrated circuits.