India has become the
Software hub of the World. Many software companies has born and become leading
software companies in the last decade. To survive in the business completion,
the companies started to invent many new innovative software products. If a
product is new, obviously the inventor would be interested in protecting the
same.
Software and Patent Act
As regard to
Independent or pure Software application, the patentability varies from country
to country. Many countries like United States of America and few other
developed countries entertain patent for
Software application.
On the other hand the
countries like India UK many other countries takes a different view on Software
Patent. In India the Patent Act does not permit a software application to be
patented. A software is considered as a mere algorithm and the patent law does
not permit the same to get Registered.
However a software
with the support of a novel hardware can be patented in India (eg. optical
mouse). It is to say that as per the Patent Act, a tangible product is must for
Registration.
Software and Copyright
The software as a source code
can be copyrighted in India. A mere Computer software or a Mobile application
can be protected under the Copyright Act. Here the Technical idea is not
protected where its functional elements are protected. As compared with Patent,
the copyright gives a longer protection ie Live Plus 60 years.
