[Fsf-friends] THE PATENTS (AMENDMENT) ORDINANCE, 2004

[Ramanraj K]

The THE PATENTS (AMENDMENT) ORDINANCE, 2004 is available online at
http://lawmin.nic.in/Patents%20Amendment%20Ordinance%202004.pdf

The portion immediately relevant for us is the amendments to Section
which shall come into force on the 1 st day of January, 2005. :
<quote>
3. In section 3 of the principal Act,  (a) in clause (d), for the words
new use , the words  mere new use  shall be substituted; (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; .
</quote>

Provision (k) of Section 3 of the Patents Act, 1970 that deals with what
are *not* inventions, reads as follows "a mathematical or business
method or a computer program per se or algorithms;"

With effect from Jan 1, 2005, software in its "technical application to
industry" or software in "a combination with hardware" would become
patentable.  The words "technical application to industry" is far too
general, that could virtually include any software, besides being vague
and ambigious to say the least.  We should respond appropriately, as
soon as possible, to prevent these provisions from being given effect to.