[Fsf-friends] Fwd: Indian patents again

[Anivar Aravind]

---------- Forwarded message ----------
From: Rebentisch <arebenti@web.de>
Date: 23-Jun-2005 10:07
Subject: Indian patents again
To: in-help@ffii.org


Sounds very familiar for us:

"The draft also includes guidelines for examining inventions in the
software sector. As per the guidelines, claims relating to software
programme products are nothing but computer programmes per se, simply
expressed on a computer readable storage medium, and as such, are not
patentable.

However, an invention involving hardware along with software or a
computer programme in order to perform the function of a hardware may be
considered patentable. For instance, embedded systems."

http://www.business-standard.com/common/storypage.php?storyflag=y&leftnm=lmnu2&leftindx=2&lselect=1&chklogin=N&autono=192435

Patents Act draft norms finalised
Gaurie Mishra / New Delhi June 23, 2005
The government has formulated the draft guidelines for the newly amended
Patents Act, 2005. As per the guidelines, non-inventions, inventions
relating to atomic energy, or those contrary to public order or causing
serious prejudice to human beings, animals, health or environment will
not be patentable.

"Any process for medicinal, surgical, curative, diagnostic and
therapeutic treatment of human beings or animals to cure them is not
patentable under the Indian Patents Act. Patents, however, can be
obtained for surgical, therapeutic or diagnostic instruments," according
to the draft guidelines which have been put on the official website for
public comments.

The draft guidelines relate to the practice and procedure to be followed
in examination of patents applications in India.

They also aim at making industries, research and development
organisations, individual researchers and inventors familiar with the
patents system in India provide a user-friendly system for obtaining as
well as maintaining patents under the existing law.

While clones and new variety of plants are not patentable, the process
or method of preparing genetically modified organisms are patentable
subject matter.

The draft also includes guidelines for examining inventions in the
software sector. As per the guidelines, claims relating to software
programme products are nothing but computer programmes per se, simply
expressed on a computer readable storage medium, and as such, are not
patentable.

However, an invention involving hardware along with software or a
computer programme in order to perform the function of a hardware may be
considered patentable. For instance, embedded systems.

Mere discovery of a scientific principle or formulation of an abstract
theory or discovery of any living thing or non-living substances will
also not be eligible for a patent.

Similarly, a literary, dramatic, musical or artistic work or any other
aesthetic creation, including cinematographic work and television
productions, are not patentable, according to the guidelines.

When a patent is granted to two or more persons, each will be entitled
to an equal undivided share in the patent unless an agreement to the
contrary is in force.

All can enjoy their rights for their own benefits without accounting for
to others but the licence cannot be given to any other person, or their
assignment, without the consent of others.

Similarly, when a patented article is sold by one of two or more persons
registered as grantee or proprietor of a patent, the purchaser and any
person claiming the article through him shall be entitled to deal with
the article in the same manner as if the article had been sold by a sole
patentee, the guidelines said.

The Comptroller of Patents can, at any point of time, revoke a patent if
the criteria like novelty are not fulfilled. Violation or false
information given in the disclosure norms can also lead to revoking of
patents.

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