Bonum Certa Men Certa

India Keeps Rejecting Software Patents in Spite of Pressure From Large Foreign Multinationals

Delhi Gate at night
Delhi Gate at night



Summary: India's resilience in the face of incredible pressure to allow software patents is essential for the success of India's growing software industry and more effort is needed to thwart corporate colonisation through patents in India itself

IT HAS BEEN a while since we last wrote about software patents in India. The subject is growingly important because a lot of the world's software is nowadays being crafted in India, much in the same way that a lot of hardware is made in China.



According to today's news, "India's patent office has rejected an application by German telecom major T-Mobile International AG seeking a patent for an invention related to a method for optimising the operational times and cell exchange performances of mobile terminals."

"Currently, India has a patent system that mostly helps foreign companies cement/impose their monopoly on a vast population.""The rejection of T-Mobile's patent is the latest in the growing number of software patents," says the article. For nearly a decade now we have been showing how large multinational corporations such as BT, IBM, Microsoft and others have been pushing India (sometimes even shaming India) into the trap which is software patents. They are habitually helped by their patent lawyers in India, who gleefully join the lobbying efforts. These lawyers bamboozle fellow Indians on behalf of large corporations that pay their lawyers a lot of money. We urge Indians to reject and resist these terrible attempts to hobble India's thriving software industry. Even some large Indian companies (such as Infosys) have already changed their mind.

Currently, India has a patent system that mostly helps foreign companies cement/impose their monopoly on a vast population. This has been accomplished in many disciplines except software and it would be wise for India to keep it that way. A further improvement would be to reassess patentability in other domains, such as those that impact generic medicine (India already done exceptionally well in this domain). Here is a new report from the Times of India that says "[a]round 80% of the more-than 43,000 domestic product and process patents have been secured by foreign entities - many of them global technology giants like Qualcomm, Samsung and Philips."

"We urge Indians to reject and resist these terrible attempts to hobble India's thriving software industry."Notice Qualcomm in there. It is a highly abusive company whose patent practices are so cruel and notorious worldwide. Consider this new article from CCIA's Matt Levy. Read the second paragraph to see how Qualcomm -- like Microsoft -- is basically corrupting academia (showered with money in exchange for bias) in an effort to thwart saner patent policy:

If you’ve followed the patent reform debate, you’re probably familiar with Qualcomm. Qualcomm has literally spent millions opposing reform, including around $6 million lobbying in the first 3 quarters of 2016, millions on television and print ads, a lot of money given to law schools to fund sympathetic research, and on and on. It’s hard to blame the company, given that Qualcomm’s licensing segment netted about $6.5 billion in profit in fiscal year 2016. You can find that information, and more, in Qualcomm’s 10-K for 2016.


India would be wise to shape its patent law not based on what companies like Qualcomm and their patent law firms (can be Indian) are saying. India should listen to its engineers, programmers, etc. Too many times we find articles on the subject which are composed by lobbyists, large corporate executives, or law firm that strive to embellish their financial bottom line. Today in the Irish press there is this article about "start-ups" (i.e. small companies) which advises them -- among other things -- to pursue patents. It's a waste of money; there are other things they should be doing with their money (limited budget) because unless a small company is merely a patent troll it will never manage to make much of these patents. They're just worthless 'trophies', overshadowed by massive patent 'warchests'/'arsenals' like IBM's or Microsoft's. Counterattacks in the lawsuit sense mean that they'll never become David in the David versus Goliath sense. They'll go broke trying to become David. The article from the Irish Times mostly quotes "Fergal Brady [...] an examiner in the Irish Patents Office [who] says his role is to settle the issues of “What are you describing? Is it clear? Has it been done before?” when it comes to patent applications."

"India would be wise to shape its patent law not based on what companies like Qualcomm and their patent law firms (can be Indian) are saying"Patent examiners are not the "bad guys" (or girls). They are just trying to make a living by scrutinising patent applications. However, at the EPO and at the USPTO, immense pressure has been put on examiners to make decisions too quickly, rendering them totally incapable of doing their job properly. To make matters worse, they are sometimes offered incentives to do their job leniently, either granting in error or rejecting applications in error, settling for low patent quality or diverting all the financial damage to courtrooms (externality). ⬆

Recent Techrights' Posts

“Losing Huang Would Introduce a Lot of Uncertainty"
Huang won't last much longer
Intercontinental Brigading - Part XXXXV - The Brand (and Reputation)
"Russell Brand sentenced to 10 years and six months for rape and sexual assault"
Protestants at the EPO Fight On, Rising in Opposition to and Against Corruption, Also Against GAFAM
Don't say we didn't warn you...
When Some Footage Causes Your 'Company' to Lose Almost Half a Trillion Dollars in 'Value' in a Few Minutes Your Company is Fictionally Valued
stock slips 8% because the CEO cheats on the wife
 
Surreal Times
NVIDIA's shares fell 27% in 5 weeks
Links 10/11/2026: "Jensen Huang Could Face $81 Billion Divorce Bill" and "Nvidia Shareholders sue Jensen Huang"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, November 09, 2026
IRC logs for Monday, November 09, 2026
Gemini Links 10/11/2026: Open Problem in Computer Science Due to Bloat and "Queueing Nine Hours for an iPhone"
Links for the day
GNU/Linux Rose to 6% as Laptop/Desktop Operating System in Azerbaijan
In the past two weeks the average measure as seen by Clownflare is 5.7%
Microsoft Will Pay $11,742 USD for Workers to Leave
11 lakh Indian Rupees
Since Records Began 18 Months Ago, statCounter Saw Chatbot Usage Falling Sharply
Chatbots are not becoming more popular and the commercial world is having second thoughts
Losing Their 'Faith' in Slop
Are leather jackets becoming a "signal" of "cheating on the wife"?
Boosters of Non-reciprocal Licensing Are Just Trying to Cancel Richard Stallman (RMS) and His Baby, GNU
If only they liked freedom as much as they love Microsoft (or Microsoft's GitHub, which is proprietary and unsafe)
Gemini Links 09/11/2026: Zephyr, Wireless Planet, and Old E-mail
Links for the day
IBM: From Illegal NDAs to Illegal Secret Settlements (Money in Exchange for Promise Not to Sue)
Insiders also explain why RAs may come weeks from now [...] IBM has marked 40,000 workers it wishes to get rid of
Links 09/11/2026: 'Humanitarian' Putin Knocks 600,000 Civilians Off the Grid, Eminem’s Publisher Sues Suno
Links for the day
Like Crooked Politicians, The Register MS is Selling "Dinners" (Access, Sponsors)
Talk about "hey hi".
The Register MS is Not Objective Regarding "AI", It's Paid by Pushers of the Pyramid Scheme (including Nvidia)
Some time soon we'll name some companies that pay millions to The Register MS in order to cement their role in the house of cards (while it lasts)
GAFAM Moribund
A lot of what we say about Microsoft in respect to debt is equally applicable to the rest of GAFAM
NVIDIA as a Scam Company Run by Scammers Who Fake Demand for Their Waste of Energy (Subsidising GPU Sales for Use Cases That Don't Exist)
First they targeted gamers, then fake 'currencies' (which turned out to be a bust), now it's slop (obfuscation of plagiarism using brute force and fusion) [...] We're quite glad that Huang publicly broadcasts how untrustworthy he is
Links 09/11/2026: Nvidia CEO Jensen Huang Cheats on Wife With A Suspected Chinese Spy, "400,000 Russians Killed in Battle Since 2022 Invasion"
Links for the day
Zero Tolerance for Slop
very few sites that dabbled in slop ended up well off (for it)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, November 08, 2026
IRC logs for Sunday, November 08, 2026
Gemini Links 09/11/2026: "The Blue Wave Won't Save Us" and "Discoverability Is Only Solved If You Can Be Discovered"
Links for the day
IBM 'Robbery': No More Car Allowance in the UK, Severance Shredded, CEO Pay Up 51% in One Year While Thousands Laid Off in Secret
Why does a CEO reward himself so much when the company does so badly?
Digitalisation Is Not Inevitable or Unavoidable
Nor inescapable
Gemini Links 08/11/2026: "Back", Zot, and Information Overload
Links for the day
Intercontinental Brigading - Part XXXXIV - Why the Swatting Failed
After that we only ever heard from or spoke to cops when we invited them to our home to collect evidence
“Concerned Microsoft Workers” Say “Working at Microsoft Has Become Joyless and Demoralizing.” (That's What Microsoft Wants, More Will Leave That Way)
Many Microsoft employees are going to leave
The Register MS is Losing Hundreds of Thousands of Pounds a Year While Directors Pay Themselves Hundreds of Thousands of Pounds a Year in Dividends
they take money from slop pushers and have clearly compromised some journalistic standards in the process
GNU/Linux Measured at 7.4% in the UK This Weekend: Clownflare Radar
I hope that one day GNU/Linux will be everywhere here
Never a One-Person Project
Just because I'm the main "public face" of the site (who takes all the insults and SLAPPs) doesn't mean I deserve all the credit
“I Always Expect to Lose. I Fight Anyway, and Sometimes I Win.” — Richard Stallman
To change the world meaningfully people must think big
Stop Looking for News About "Layoffs", Layoffs Are Over (They've Been Rebranded)
To properly assess the status quo we need other yardsticks
Links 08/11/2026: Bosses Who Were Forcing Their Workers to Use Slop Change Mind, "Rapper RBX Files Ninth Circuit Appeal in Fraud-Focused Class Action Lawsuit Against Spotify"
Links for the day
Links 08/11/2026: Why Vikings Stayed in Iceland and "TikTok Accused Of Promoting Sex Industry To Young Girls"
Links for the day
Gemini Links 08/11/2026: "Before Sunrise" and LLM Scrapers Versus Self-Hosting (or Web in General)
Links for the day
Intercontinental Brigading - Part XXXXIII - Weaponising Cops in Another Continent (Europe), Knowing They Cannot Come to Your Home in America, While Threatening Women
This year it culminated in death threats
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, November 07, 2026
IRC logs for Saturday, November 07, 2026