Bonum Certa Men Certa

Debate About Software Patentability in India Still Dominated by Patent Lawyers Rather Than Software Developers

Slide like elephant



Summary: The warped debate in English-speaking media gives the impression that India should open the door to software patents even though it's perfectly clear that such patents would harm India's interests

THE subject of software patents in India matters to us. It affects a lot of the world (including the US) because India is, by some criteria, the world's leader in software development (not to be mistaken for software delivery, distribution, etc.), which means that the programmers and services companies ought to strongly reject such patents outright. They would be worst affected by patents on software.



"IAM, a proponent of software patents, had yet another post from LexOrbis, which keeps pushing for software patents in India based on falsehoods and misconceptions."Recently in Bangalore, according to Banana IP (popular blog in India), "Assistant Professor, Indian School of Business spoke on issues related to Software patents..."

IAM, a proponent of software patents, had yet another post from LexOrbis, which keeps pushing for software patents in India based on falsehoods and misconceptions. Pankaj Musyuni wrote about "assessments of obviousness remain subjective" and for those who forgot, so far this year IAM pushed India -- even by shaming tactics -- towards software patentability. Among the examples we covered here:

  1. China Adopts Software Patents and IAM 'Magazine' (Lobbyists) Continues to Shame India Into It
  2. IAM Just Can't Stop Pushing for Software Patents in India
  3. IAM 'Magazine' as Megaphone for Chamber of Corporates (CoC), Which Tries Shaming India Into Software Patenting
  4. IAM Helps Enemies of India's Interests Lobby for Software Patents in the Country
  5. IAM 'Magazine' in a Campaign to Destroy India's IT Industry and Help Patent Trolls There
  6. IAM is a Think Tank for Patent Trolls, Software Patents, the EPO, Microsoft, and Whoever Else is Willing to Pay
  7. The Patent Microcosm's Failed Push for Software Patents Resurgence in the US and Similar Attempts in India and China


The recent changes to the rules have led to a great deal of debate, not just in Indian languages/dialects but also in English. But this debate is one-sided in the media. It excludes the most important component: software developers!

"The recent changes to the rules have led to a great deal of debate, not just in Indian languages/dialects but also in English."Lawyers that work for foreign (occupying) corporations in India keep dominating the media, which seems unable to find a programmer to speak to. Here we have Sanjeeta Das from SS Rana & Co. This again speaks from the point of view of law firms and says this:

The journey pertaining to Guidelines for Examination of Computer Related Inventions (herein CRI) has been both time-consuming as well as riddled with lot of amendments. In light of several remarks and comments from numerous stakeholder’s and further sessions with the Indian Patent Office, revised guidelines pertaining to examination of CRIs has been published on the 30th of June, 2017 which are breather after a long dry spell.

[...]

Algorithm and Computer Programme per se: Computer programs are claimed in the form of algorithms as method claims or system claims with some “means” indicating the functions of flow charts or process steps. While establishing patentability, the focus should be on the underlying substance of the invention and not on the particular form in which it is claimed.

However, it has been clarified that if in substance, the claim, taken as whole, does not fall in any of the aforesaid excluded categories, the patent should not be denied.

Further, the exclusion of computer programs should not be avoided merely by camouflaging the substance of the claim by its wordings.

[...]

The rules appear to indicate that the Indian Patent Office has taken a more favorable approach to the allowability of CRIs as compared to the past.


For the Indian Patent Office to work for Indian people (and firms) it needs to strictly reject all software patents, no matter how these are disguised. There needs to be more pushback from developers as the media in India (at least English-speaking media) is only covering one side of the story. ⬆

Recent Techrights' Posts

libera.chat is an Agenda-Peddling Platform Run by Agenda-Peddling Individuals
The volunteers of libera.chat ("staff") aren't working for free, they work towards an agenda
Secret Microsoft Layoffs and Maybe Another "Voluntary Exit Program at Microsoft in October"
there's a morale crisis at Microsoft
Many Topics to Cover
Drops in a big ocean
Gemini Links 04/10/2026: Peace in Outage, Pen Pals, and deGoogling
Links for the day
 
Links 05/10/2026: "Congress Must Investigate War Profiteers Once Again" and Update on Thomson Reuters v. Ross Intelligence
Links for the day
Nobel Season is Plutocracy Week
Later this week the billionaires will give a fake "Nobel" (in "Economics") to someone who parrots their preferred narrative and those same billionaires will use "Nobel" to bless the promoter of their latest pyramid scheme/buzzword
GNU/Linux Market Share in North America 13% This Past Weekend
It is perhaps not shocking that adoption of GNU/Linux is very high there
When Did Europe Begin to Side With White-Collar Criminals (or Participate in Suppressing People Who Oppose Them)?
How much corruption can we tolerate before the European Union becomes another Russian Federation?
Libera Chat's "Level of Control Might Make Sense for a Corporate Platform"
IRC is not centralised
Brigading Against Women - Part XVIII - Turning Censorship Attempts (Articles About Matthew Garrett) Into Mild Redactions
What Lozza did two years ago
Greenland Needs Digital Sovereignty
the large icy island isn't moving to GNU/Linux as quickly as the rest of Europe
Tracker of Internet Relay Chat Networks Out of Service (But Not Down) Since Thursday
We should note that the number of unique networks they track has grown since we last checked
Gemini Links 05/10/2026: NixOS, Guix, Codeberg Banning Slop, and "Gopher Apps on Android"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 04, 2026
IRC logs for Sunday, October 04, 2026
MIT Technology Review (MTR) Reinforces MIT's Role in Promoting Slop (Pyramid Scheme) in Exchange for Money
MIT is a poster boy (or child) of institutional corruption, perverts, and corporate takeover
Proving Wrong Those Slop Maximalists and Boosters, GAFAM Says Slop is a Nuisance and Bans/Hides the Slop Submissions
People who say slop in projects is inevitable or even desirable are usually cheaters with self-guilt
Links 04/10/2026: “AI Torture Chamber” and "Aggressive Push to Integrate Hey Hi (AI) Slop Into Schools Is Turning Into a Disaster"
Links for the day
How Microsoft Hides Massive Layoffs From the Media (as Explained by Microsofters)
"rewards" are not exactly rewarding
Brigading Against Women - Part XVII - The Appeal
more to be known towards the end of the year
Links 04/10/2026: Fires Rage in Borneo and Mass Layoffs at Disney
Links for the day
Garrett's Litigation Partner is Unemployed Again
losing one's job
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 03, 2026
IRC logs for Saturday, October 03, 2026
Teaser/Taster
Tomorrow morning we'll have an important story regarding "GGG"
Gemini Links 03/10/2026: Book Swaps and Book Crossing, Hidden Figures (2016), Apps and Tools for Research and Writing
Links for the day
Michael Catanzaro Seems to be Missing the Point
Calling people you disagree with "Ostriches" is lazy name-calling
Free Software Foundation (FSF) Turns 41
People who want humans and communities to maintain their software chains (and by extension their digital life) will back GNU
Links 03/10/2026: "Banned Books Week 2026" and "American Journalist Imprisoned as a Spy in Russia"
Links for the day
In Case Anybody Still Believes Microsoft Lunduke Cares About GNU/Linux...
GNU/Linux users aren't bots
Gemini Links 03/10/2026: Speculative Realism, Paper2SlopBot, Joplin, and Offline Experiment
Links for the day
Union Syndicale Fédérale (USF) Tries to Compel the European Patent Office (EPO) to Actually Function Properly
We'll be covering the EPO a lot more soon
Brigading Against Women - Part XVI - When Your Own Colleagues Complain About You Maybe the Problem is You
"if 2 people tell you that you're drunk, you go to sleep"
Links 03/10/2026: Slop-Generated War Songs and "Privatisation Has Failed"
Links for the day
Proprietary Software Giant Microsoft is Quietly Laying Off Lots of Employees, Insider Explains How It's Done
about Microsoft exits
United States: More Than One in Ten Using GNU/Linux on Laptop/Desktop
Clownflare Radar seems to show a similar trend
Brigading Against Women - Part XV - Trying to Put Women in Prisons
We'll soon get to the 'meat' or the 'beef', showing how "Gas The Jews" Lozza helped Garrett a few days after we had sued him in September 2024
A Leap in GNU/Linux Usage, Japan's Share in Particular
One thing that merits attention right now is Japan. It looks like it's adopting GNU/Linux instead of GAFAM.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 02, 2026
IRC logs for Friday, October 02, 2026