Software patents | Intellepedia

Billing and Usage Data Invention Not a Business Method Under Section 3(k) of Patents Act

A smiling woman in an office uses billing software on her computer, with a large “PATENTED” seal displayed over the screen, signifying the billing software has received patent protection.

The Madras High Court has ruled in favour of Tekelec Inc., setting aside the rejection of its patent application under Section 3(k) of the Indian Patents Act. The Court found the invention addressed a technical problem and did not constitute a business method, ordering a reassessment limited to software-related exclusions.

Blackberry blacks out in case relating to patentability of algorithmic processes

The Delhi High Court dismissed Blackberry’s appeal against refusal of its patent application, holding that algorithmic processes remain excluded from patent protection under Indian law. The decision clarifies the interpretation of Section 3k with respect to software and computer-related inventions.

Searching for Patents and Patentability of AI and Software Inventions: Session 2 of the Masterclass on IP

This session of the masterclass explored patentability criteria and search strategies for AI and software inventions. Attendees learned about the patent process, prior art search, and practical considerations for Indian innovators. The session offered valuable guidance on intellectual property for startups.

Alice vs. CLS saga

The Alice vs. CLS case significantly influenced the landscape of software patent protection in the US, particularly for financial technologies. It raised critical questions about the patentability of abstract ideas and has shifted industry standards and legal strategies.

Patent War: Is the US Arm-twisting India?

This post examines the ongoing India US patent dispute, focusing on TRIPS compliance and contentious issues in pharmaceutical and software patents. It analyses whether US pressure may result in sanctions or further negotiations under international norms.

Bilski’s Invention Falls, Business Methods Survive

The Supreme Court’s Bilski decision clarified that business method patents are permissible under US law and not excluded by 35 USC 101. However, the Court declined to set clear guidelines, leaving the distinction between business methods and abstract ideas unresolved.

Model to Combat Patent Risks in Open Source Software

The defensive patent license model offers a structured approach to reduce patent risks in open source software. While it faces implementation and philosophical challenges, it remains a significant initiative for the open source community seeking to mitigate litigation threats.

Common Public License Version 1.0

The Common Public License Version 1.0 is an IBM-drafted open source license detailing copyright and patent rights, distribution conditions, and liability limitations. It sets clear rules on commercial distribution and modification, maintaining a structured legal framework for software use.

Common Development and Distribution License (CDDL) – Version 1.0

The Common Development and Distribution License (CDDL) sets out the rights and responsibilities for use, modification, and distribution of Sun Microsystems software. It outlines key conditions, including source code disclosure and clear identification of modifications, while limiting liability and warranty.

Mozilla Public License Version 1.1

The Mozilla Public License Version 1.1 grants comprehensive copyright and patent rights for open source software distribution. It sets clear conditions for modification, distribution, and liability, striking a balance between open access and legal compliance.