[Fsf-friends] Re: [FSF India Board] New Patent changes

[Anand Babu]

It is not yet clear if the new amendments to patent act includes
computer software. Media news is not precise and most if it is
speculation.

Software patents are terrible. I think it will become too difficult
and too late to fight software patents after the Govt approves such
amendments. Let us take a take pro-active action early at this
stage. Publishing articles on dangers of software patents can be a
good start. Nagarjuna, Arun and Frederick Noronha has enough contacts
in the press and can effectively propagate the message.

Amendments related to drugs, food and chemicals poses even more
direct threat to the community, than software. (Like increase
in drug prices, inadequate or non-availability of patented
drugs). Reverse engineering drugs to produce cheaper or better
alternatives will become impossible. Patents give absolute monopoly to
the owner. With this exclusive right, even if some one else comes up
with the same idea independently, he still cannot use it. This means
Indian drug research will have serious consequences and we are the
ones to suffer at the end. It may make sense to club with the medical 
community and jointly oppose the new patent amendment. 

--------------------------------------------------------------------
The only reference to computer software in "The Patents (Amendment)
Ordinance 2004 promulgated on 26/12/2004" 
(url http://lawmin.nic.in/Patents%20Amendment%20Ordinance%202004.pdf)
is amendment to Section 3 referring as
>>>Quoted-----------------------------------------------------------
(b) for clause (k), the following clauses shall be substituted,
namely:
   "(k) a computer programme per se other than its technical
   application to industry or a combination with hardware;

    (ka) a mathematical method or a business method or algorithms;".
<<<Quoted----------------------------------------------------------- 

My understanding is, Section 3 is all about non-patentable inventions.
I am referring to the Patent Act document 
(url http://ipindia.nic.in/ipr/patent/mop2.pdf). I could not find
any clause (k) under Section 3 in this document. Can some one point me
to the correct document to which these amendments can be applied
cleanly? 


-- 
Anand Babu
Free as in Freedom <www.gnu.org>