Bonum Certa Men Certa

Responses to Software Patents in India Though Guidelines for Examination of Computer Related Inventions

India's famous site



Summary: India's famous skills, which revolve around software services and software development, are under attack by new laws which strive to grant foreign corporations de facto monopolies on software, even inside India

GROUPS in India continue to fight back against what's correctly perceived as distortion of law and betrayal of Indians. It's regarding India's patent policy, which has come under attack from foreign multinationals for as long as Techrights existed. India moves closer to officially endorsing software patents, despite the US cracking down on many of them (Alice/ۤ101 [1, 2]), and the media-shaping IBM is happy about it. Microsoft patents software in India even when it's not legal.

The Indian media did not always give space (and a voice) to large foreign corporations. See for example this article titled "How the Patent Office is Intent on Killing Innovation in India?"

"Newsclick interviews Venkatesh Hariharan," says the author, "Outreach lead for the Open Invention Network and a member of the Ispirits expert group on software patents, to discuss the issue of software patenting, the effects this can have on society, as well as the specific guidelines issues by the IPO."

Well, the Open Invention Network (OIN) is not against software patents, so it's baffling that they chose to speak to OIN, a de facto front group of IBM et al..

"Software Patents Refuse to Die" was a better article from the same publication (Newsclick). It said that "Software patents are like the "living dead" in the zombie film genre that Hollywood has made popular. They just refuse to die. As many time you kill them, they revive again and keep coming back. In India, we thought we had killed and buried software patents with the Amended Patent Act in 2005, and again in the Patents Manual, 2011, both of which effectively deny software patents. The recent Guidelines on Computer Related Invention (CRI) issued by the Indian Patents Office last month, has brought them back again, with an interpretation that not only violates the Act, but also the English language."

Perhaps the best response that we found in recent weeks is this joint letter to the PMO. Here are some quotes from this letter:

This concerns the “Guidelines for Examination of Computer Related Inventions (CRIs)” issued on August 21, 2015 by the Office of the Controller General of Patents, Designs and Trademarks. We, the undersigned, wish to share with you some of our concerns over this document, particularly in context of its potential repercussions on Indian industry and innovation. The Guidelines in their current form, by providing for patenting of software, could place the Indian software industry, especially software product companies and startups, at the mercy of Multinational Corporations and patent holding entities who have amassed many patents in the area and continue to do so. The Guidelines by allowing for software patents will make writing code and innovating in the area of software a dangerous proposition due to the chance of infringing on the patents held by big corporations.

The stated intent of the document is to provide guidelines for the examination of patent applications relating to CRIs by the Patent Office so as to further foster uniformity and consistency in their examination. However, we submit that the Guidelines in their current form run counter to the object of Section 3(k) of the Patents Act, 1970, which is to unconditionally exclude mathematical and business methods, computer programs per se, and algorithms from patentable subject matter.


Well, more actions may be needed in order to stop the plutocrats because their lobbyists have a lot of influence in India, which has notoriety for political corruption. The conglomerates in India (not even Indian) are conspiring against software developers, including Indians, trying to essentially destroy any chances of software independence in the country where programmers are renowned for their skills and sheer number. To keep Indian software companies marginalised (unable to effectively compete with Western software corporations) one needs to threaten and occasionally sue, e.g. with software patents.

Sadhana Chathurvedula wrote an article in a few places -- an article that proponents of software patents (like IBM) like to cite. "Revised guidelines say software that demonstrates a technical application or improves hardware may also be patented, widening the scope of patents," the article says.

It seems likely that unless some very major backlash disrupts the political system, foreign corporations will cement their occupation of India (in the software sense), bolstered by monopolies on algorithms. Activism is sorely needed now.

Recent Techrights' Posts

Hiring for Tech Roles Based on Perceived Loyalty is No Better Than Hiring to Meet Diversity Quotas
What we're seeing right now is a national security disaster and it is almost purely about technology
S.E.O. SPAM by Serial Sloppers With L.L.M. Garbage is Hurting Linux
We continue to run Slopwatch
IBM Says That Half of Its "Assets" is Basically Pure Fiction ("Goodwill")
It times get tough, IBM can sell "Goodwill" at the local pawn shop and pay back the lenders, right?
 
Links 02/02/2025: Union-Busting and Censorship by Executions
Links for the day
Gemini Links 02/02/2025: Limits Pushing, Free Software Absolutism, and Why Gemini Matters
Links for the day
Slopwatch: BetaNews and linuxsecurity.com Have Just Published More Fake 'Articles' About "Linux"
There's probably more "Linux" slop out there, but we do our best to identify it on a daily basis
Richard Stallman Has Another Talk in India Tomorrow, at Least Fourth India Talks in Recent Days
In the past month he has given at least half a dozen talks
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, February 01, 2025
IRC logs for Saturday, February 01, 2025
Links 01/02/2025: Chinese and American Censorship, Cloud-[sic]Native Targeted by Software Patents
Links for the day
Links 01/02/2025: Belated Happy New Year 2025 and Gabbro 0.1.2
Links for the day
Links 01/02/2025: Administrative Chaos and Aviation Disasters Persist
Links for the day
Arrested: Albanian Outreachy whistleblowers, Sonny Piers GNOME & Debian connections
Reprinted with permission from Daniel Pocock
Links 1/2/2025: LLM Hype Revisited, Linuxwashing by Oumi
Links for the day
Growing Evidence That the Patent Industry Has Become a Major Scam
Seeing that the patent "industry" has turned to serious crimes (sometimes to cover up corruption) and seeing that the net negative is clearer for all to see, people who argue for abolition of all patents will have a field day
Planet Ubuntu Overrun by LLM Slop? Faizul "Piju" 9M2PJU Seems to be Publishing Fake Articles About "Linux"...
Maybe it is "assisted" by LLM slop, but slop is slop and it introduces many problems
Gemini Links 01/02/2025: LLMs, Analog Computer, and BorgBackup
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 31, 2025
IRC logs for Friday, January 31, 2025
Links 31/01/2025: Mass Layoffs at Amazon and Microsoft, Sweden Again Fails to Protect Critics of Violence
Links for the day
Slopwatch: Fake Articles About "Linux" and More (Latest Roundup Featuring BetaNews, Janus Atienza, and Brittany Day From Guardian Digital, Inc)
LLM slop season
Microsoft Staff Explains How Microsoft Swindled Employees and Avoided Paying Out Severance Pay (Microsoft Hasn't Much Money Left in the Bank)
This is a classic way to avoid paying workers
"Not one of us" by Dr. Andy Farnell
Elon Musk has brought embarrassment to nerds and technologists
Gemini Links 31/01/2025: "Bulletin Buble" and "Why Blog?"
Links for the day
Static Site Generators (SSGs) Pay Off: Vastly Faster Sites, Much Smaller Hosting Bills
success story for SSGs
Of Note: Linux Foundation Has Already Let Linux.com Rot for About 4 Months (No Activity)
there's no campaign aside from marketing spam there
Techrights Should be Even Faster Now
We're now better off
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 30, 2025
IRC logs for Thursday, January 30, 2025
Richard Stallman (RMS) Gave 3 Talks in India in Less Than a Week
In India this month we've not seen a single negative comment about RMS
Indian Data Biases statCounter For or Against "Linux"
In statCounter, the GNU/Linux increases and decreases are deeply tied to what it does with data collected in India
The Corporate Media Pretends That Facebook ("Meta") Has Performed Well, But Its Debt Doubles Every 2 Years Despite Mass Layoffs
That same media also helps parrot misleading financial claims
Microsoft's Debt Surged by More Than 6,000,000,000 Dollars in Just 3 Months
numbers released hours ago
The Sheer Irony of Microsoft Proxy Accusing Others of 'Stealing'
Wherever DeepSick's data came from, Microsoft (or its proxy) is in no position to issue criticism.
The Difference a Decade (and GAFAM Money) Makes
Credibility cannot be purchased
[Meme] The Free Software Foundation (FSF) Has Critics Because Its Message is Effective
Applying to others the same standards one is willing to violate?