Is it Possible to get Software and Mobile App Patent Registration in India?
Mobile App Patent in India
We “Solubilis Corporate Services” are experiencing a paradigm shift in technology from the utilization of Software to Mobile Apps (Applications) to integration with Cloud Computing, which has resulted within the emerging field of IoT, or Internet of Things. Here the following 5 steps describe how to drafting a patent claims and writing patent registration applications for inventions and technologies belonging to the sector of Software, Mobile Apps, Cloud Computing or Internet of Things (IoT):
Thoroughly understand the innovation as a problem-solution approach
- Prepare flow diagrams (flowcharts) to hide all aspects of the processes disclosed by the innovation
- Prepare system structures (block diagrams) demonstrating all hardware elements connected via network
- Ensure proper synchronization between the flowcharts and block diagrams
- Draft patent claims (system or apparatus) covering all elements of block diagrams alongside process (method) claims
HOW TO GET SOFTWARE PATENTS IN INDIA
Grant of Software Patents in India is feasible. Patents filed for innovations concerning computer programs, softwares and mobile applications protect the novel and inventive features of such innovations from being copied by the competitors. Software Patents in India are granted for embedded software during a mobile application, and/or software plus hardware combination. However, jurisprudence in India doesn’t allow patent protection for software intrinsically, whereby patenting a computer virus is prohibited. This provision is stated in Section 3 of the Indian Patents Act, which associated with Non-Patentable Inventions.
WHY ARE SOFTWARE PATENTS NOT AVAILABLE IN INDIA?
When the set of patent claims are created for software which is web based just stating various method steps and without disclosing what kind of equipment and/or structural component are administered by the said steps therein case the invention falls within scope of clause (m) of section (3) of the Patents Act, 1970 (as amended).
There should be some limitations on the structure of the process to the patent claims otherwise the topic matter of those claims is mere scheme and/or mental act and hence falls within scope of clause (m) of section 3 of the Patents Act, 1970. Therefore web software invention claimed in said claims isn’t patentable.
When the patent registration claims don’t define any structural features of the claimed product rather they define computer instructions and logic therein cases the instructions and/or logics are nothing but computer virus intrinsically. Hence material of said claims falls within scope of clause (k) of section (3) of the Patents Act, 1970 (as amended). Therefore web software invention claimed in said claims isn’t patentable.
Is it Possible to get Patent registration for a Mobile Application in India?
In this 21 century, the mode of communications has been shifted from journals, newspapers to mobile phone. Today, we are ready to perform almost everything our mobile phones, with the assistance of each day updating mobile based applications. Mobile Apps are important intellectual assets which show the creator’s idea to allow users to perform any desired task using the smart phones. It is therefore, must be patented and protected under the name of creator or the organization, business, etc.
It is due to this reason the mobile apps must be protected under the IP regime. This not only protects the team’s diligence, but also allows open and effective commercialization. It builds the competition within the market by regulating endless flow of data transfer among the people. Understanding the general scenario of protection for mobile apps, mobile App are often patented in India and every one of its important features embedded inside the chips are often protected.
Patent search for a Mobile Application in India
For mobile applications, patent searching or non provisional patent filing must be avoided to save the money and time you spent. When looking for mobile apps for patent protection, time must not be wasted to file the patent, since market and technology is changing every day and one must not waste time to register its invention. All of the checking are often made by the patent examiner during the time of patent examination to see whether or not the mobile application has unique methods for producing the desired results.
While considering mobile applications, it’s important to notice that the software code won’t get protection under patent protection terms. For securing the code, it must be protected as copyright and for this a separate copyright application has got to be filed within the copyright office.
Solubilis Corporate Services Team may be a specialized group of quite 125 members, including patent attorneys, IP experts, Trademark attorney, Company Secretary, Chartered Accountant and technical subject experts, that serves people from all over the India in a number of domain, like Pharmaceutical, Chemical, Mechanical, Electrical, Financial Biotechnology, Electronics, Telecommunication, Software, Information Technology and lots of more and providing Patent registration in Coimbatore, Chennai, Bangalore, Hyderabad, Cochin and all the major cities of India. We provide services to companies and individuals protect their intellectual assets and their businesses. Our services include patent filing and prosecution, copyright registration, trademark registration, secret protection, company registration, secretarial services, Auditing services etc.
WRITING SOFTWARE PATENT APPLICATION
Writing Software Patent Application is an art. A well experienced patent attorney or patent agent can draft software patent claims which will have broader description of the invention. However, the main focus of this post to aware the inventors with a general idea the way to draft a application for a software patent invention.
First and foremost thing in this, every software patent specification must be tailored for a specific invention solving one problem within the prior art domain. There is no “one single patent formula to be followed” to write down an ideal of software application. The most important reason of software patent writing which should be kept in mind while writing the software application is that the patent claims, which define the legal rights of the patent owner.
It is always advisable to urge professional help for writing the software invention and prosecuting the application before the Patent and Trademark Office Database. The software inventor should provide flowcharts and/or flow diagrams of various embodiments of the software based intelligent algorithm to the patent attorney.
SOFTWARE PATENTABILITY / PRIOR ART PATENT SEARCH
Conduct a patentability search of the prior art available within the property right is advisable before filing the software application. The software patent rights includes the steps of reviewing non-patent literature documents like journal, newspaper articles, magazine articles, books, conference materials, brochures, and research reports.
The online patent database (collection of granted patents and pending published patent applications available publicly domain by the patent office) of USPTO, WIPO, EPO and therefore the like should be searched to determine novelty of your software innovation. This can be done either by trying to find keywords within the abstract text, specification, patent title, patent claims and by the International patent classification numbers, USPC and CPC assigned to each patent by the patent examiner.