PATENTING REGIME AND COMPUTER RELATED INVENTIONS: AN INTERNATIONAL PERSPECTIVE.

Abstract

Abstract

With the advancement in science and technology one would find him amidst new inventions and ideas. Historically it is evident that with the growth of human ideas there have been growths in the inventions. What matters more and is worth drawing attention is one’s novel and innovative idea transformed into some kind of tangible ?utility? product. Patent is thus, how one is rewarded for his innovative useful contribution to the human kind. With the emergence of technologies the computer software industry has grown quickly; but so, unfortunately, has the controversy surrounding the patentability of computer programs. Traditionally, ?algorithms?, or sets of instructions, have been treated as abstract ideas, and not patentable inventions. But the case of computer programs, which essentially consist of algorithms, has compelled Courts to re-examine the meaning and rationale of this exclusion. This paper aims to discuss the debate on the patentability of the computer Related Inventions (the term Computer Software is used interchangeably) and to examine the position of India with other jurisdictions.