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[News] Microsoft et al Try to Sneak Software Patents into India Using Semantics

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The "computer programme per se" conundrum

,----[ Quote ]
| Under the foregoing definitions, a claim that merely recites software 
| elements without any reference to hardware is per se unpatentable. If a claim 
| recites both software elements and hardware elements, but the hardware 
| elements amount to nothing more than reference to the components of a general 
| purpose computer on which the software is executed, or an information storage 
| medium in which the software is stored, such that the only possibly inventive 
| aspect of the claim resides in the software elements, then the claim is not 
| patentable.       


"as such..." (EPO's Brimelow trick)

"per se..."



,----[ Quote ]
| Generally, two sets of arguments can be raised against granting patent to the
| Virtual Matrimony Meet setup: (1) it’s a business method patent and (2) it’s
| an attempt to patent a computer program.
| BUSINESS METHOD: Section 3(k) of the India Patent Act reads as follows:
| “The following are not inventions within the meaning of the Act:
| A mathematical or business method or a computer programme per se or
| algorithms.”
| [...]
| Computer Programs and Computer Software:
| It is pertinent to note that in UK, the Aerotel approach also applies to
| determine patentability of computer software and computer programs. Thus, in
| order to determine patentability of computer software, the patent examiner
| has to follow the structured four step approach to examine if there is
| any ‘technical contribution’, in the absence of which, the software will not
| be granted patent protection.


Google Files For Local Search And Mapping Patent In India

,----[ Quote ]
| Google has filed for a patent in India, for a map based local search
| application. This appears to essentially be a patent for Google Local on
| Mobile, a service launched in 2005, and subsequently renamed/replaced by
| Google Maps for mobile.


Google searches for India match

,----[ Quote ]
| Google is also working closely with the open source community, as part of
| which it offers Google infrastructure to run applications developed by Web
| developers. The popularity of the applications developed by the open source
| community will be an important parameter in monetising their products in the
| future, said Ram.
| “Whatever we borrow from the open source community, we give it back. We
| understand the need for an ecosystem to develop any product; open source
| applications play a very important role in our product roadmap,” he said.


Google seeks patent on networking site

,----[ Quote ]
| NEW DELHI: World's most visited Internet search site Google has filed a
| patent application in the country for its recently developed social network
| site based on user preferences and format performance data.

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