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

FSFE (Ja, Das Gulag Deutschland) Has Lost Its Tongue
Articles/month
Ian Jackson & Debian reject mediation
Reprinted with permission from disguised.work
How to get selected for Outreachy internships
Reprinted with permission from disguised.work
Red Hat Corporate Communications is "Red" Now
Also notice they offer just two options: MICROSOFT or... MICROSOFT!
Links 26/04/2024: XBox Sales Have Collapsed, Facebook's Shares Collapse Too
Links for the day
 
Almost 2,700 New Posts Since Upgrading to Static Site 7 Months Ago, Still Getting More Productive Over Time
We've come a long way since last autumn
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 26, 2024
IRC logs for Friday, April 26, 2024
Overpaid lawyer & Debian miss WIPO deadline
Reprinted with permission from disguised.work
Brian Gupta & Debian: WIPO claim botched, suspended
Reprinted with permission from disguised.work
Microsoft's XBox is Dying (For Second Year in a Row Over 30% Drop in Hardware Sales)
they boast about fake numbers or very deliberately misleading numbers that represent two companies, not one
[Meme] Granting a Million Monopolies in Europe (to Non-European Companies) at Europe's Expense
Financialization of the EPO
Salary Adjustment Procedure at the EPO Challenged
the EPO must properly compensate staff in order to attract and retain suitably skilled examiners
Links 26/04/2024: Surveillance Abundant, Restoring Net Neutrality Rules (US)
Links for the day
Gemini Links 26/04/2024: uConsole and EXWM and stdu 1.0.0
Links for the day
Albanian women, Brazilian women & Debian Outreachy racism under Chris Lamb
Reprinted with permission from disguised.work
Microsoft-Funded 'News' Site: XBox Hardware Revenue Declined by 31%
Ignore the ludicrous media spin
Mark Shuttleworth, Elio Qoshi & Debian/Ubuntu underage girls
Reprinted with permission from disguised.work
Karen Sandler, Outreachy & Debian Money in Albania
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 25, 2024
IRC logs for Thursday, April 25, 2024
Links 26/04/2024: Facebook Collapses, Kangaroo Courts for Patents, BlizzCon Canceled Under Microsoft
Links for the day
Gemini Links 26/04/2024: Music, Philosophy, and Socialising
Links for the day
Microsoft Claims "Goodwill" Is an Asset Valued at $119,163,000,000, Cash Decreased From $34,704,000,000 to $19,634,000,000 and Total Liabilities Grew to $231,123,000,000
Earnings Release FY24 Q3
More Microsoft Cuts: Events Canceled, Real Sales Down Sharply
So they will call (or rebrand) everything "AI" or "Azure" or "cloud" while adding revenues from Blizzard to pretend something is growing
CISA Has a Microsoft Conflict of Interest Problem (CISA Cannot Achieve Its Goals, It Protects the Worst Culprit)
people from Microsoft "speaking for" "Open Source" and for "security"
Links 25/04/2024: South Korean Military to Ban iPhone, Armenian Remembrance Day
Links for the day
Gemini Links 25/04/2024: SFTP, VoIP, Streaming, Full-Content Web Feeds, and Gemini Thoughts
Links for the day
Audiocasts/Shows: FLOSS Weekly and mintCast
the latest pair of episodes
[Meme] Arvind Krishna's Business Machines
He is harming Red Hat in a number of ways (he doesn't understand it) and Fedora users are running out of patience (many volunteers quit years ago)
[Video] Debian's Newfound Love of Censorship Has Become a Threat to the Entire Internet
SPI/Debian might end up with rotten tomatoes in the face
Joerg (Ganneff) Jaspert, Dalbergschule Fulda & Debian Death threats
Reprinted with permission from disguised.work
Amber Heard, Junior Female Developers & Debian Embezzlement
Reprinted with permission from disguised.work
[Video] Time to Acknowledge Debian Has a Real Problem and This Problem Needs to be Solved
it would make sense to try to resolve conflicts and issues, not exacerbate these
Daniel Pocock elected on ANZAC Day and anniversary of Easter Rising (FSFE Fellowship)
Reprinted with permission from Daniel Pocock
[Video] IBM's Poor Results Reinforce the Idea of Mass Layoffs on the Way (Just Like at Microsoft)
it seems likely Red Hat layoffs are in the making
Ulrike Uhlig & Debian, the $200,000 woman who quit
Reprinted with permission from disguised.work
IRC Proceedings: Wednesday, April 24, 2024
IRC logs for Wednesday, April 24, 2024
Over at Tux Machines...
GNU/Linux news for the past day