Bonum Certa Men Certa

LexOrbis is Trying to Sneak Software Patents Into India in Defiance of the Ban

Pay up for legal 'services' or else!

Indian money



Summary: The attempts to disguise mere code (or thought processes) as a "device" prevail in the nation which is set to become the world's largest population in less than a decade

TECHRIGHTS has come across a lot of nefarious lobbying by LexOrbis in recent years. IAM is often the (apparently) paid-for platform, but that's not always the case.



"It is trying to attract software patent hopefuls, that's pretty clear based on its writings."LexOrbis keeps pushing for software patents in India (and lies about these too, as they're generally not allowed) because it profits from litigation. It is trying to attract software patent hopefuls, that's pretty clear based on its writings. It's also attempting to change the law. In addition to this, LexOrbis keeps trying to give tips on patenting software by fooling examiners, basically dodging the rules. This kind of mischief continued in IAM last week, courtesy of Daljinder Pal Singh Parmar who wrote:

Every denial of patentability in cases involving algorithms should be properly justified using a rule of reason analysis, rather than refusal as a category of excluded subject matter being based on a per se rule analysis. This would necessitate claim drafting by restricting an algorithm to a particular application and its use as applied in any manner to physical elements or process steps which should result in the transformation and reduction of an article to a different state or thing.

As a precaution, drafters should avoid reciting algorithms directly or indirectly and refrain from using the term ‘calculate’ in claims. Where algorithms are found to be recited in claims, the invention should be structured and claimed in a manner which makes them an integral part of a larger process, apparatus or device, affecting physical changes or producing a transformed or new physical product ‒ thereby overcoming the IPO’s exclusionary evaluations under Section 3(k). Whether an algorithm as part of a method or process can be patented and how the IPO will treat algorithm-related inventions under Section 3(k) in light of the new guidelines remain to be seen.



See what he is saying? Just don't call algorithms "algorithms" and avoid words like "calculate" because algorithms are all reducuble to mathematics. Notice the weasel terms he recommends, "apparatus or device, affecting physical changes or producing a transformed or new physical product..."

There's that old saying that lawyers are basically liars. LexOrbis serves to reinforce that perception.

"The bottom line is, India does not allow software patents. However, firms which profit from other gullible firms that pursue software patents in spite of the exclusion would have us believe otherwise."As a side note, Kerala, which is known for Free/libre software use (not just GNU/Linux but also freedom-respecting software on top of that), received a mention in relation to SunTec last week. This made a mention of "software products and creating intellectual property and software patents," even though the concept is rather odd in India.

The bottom line is, India does not allow software patents. However, firms which profit from other gullible firms that pursue software patents in spite of the exclusion would have us believe otherwise. We certainly hope that Indian patent examiners will take note of the above tricks and reject the applications accordingly. Dressing up algorithms as something physical might help fool an examiner or two, but not a court/judge/jury. Innocent people would be harmed by erroneously-granted patents. It's expensive to fight patents in a courtroom, more so in India.

Recent Techrights' Posts

RMS is Done at KCL, Next Stop is Oxford
The message of RMS has long resonated well in India
US Government Already Bailing Out OpenAI/Microsoft With "Contracts", As Usual, Back Doors You Cannot Remove Becoming 'a Step Closer' on New PCs (Unless Everyone Acts ASAP)
The next "logical" step towards digital prisons
Towards GNU World Domination
The FSF led by Geoffrey S. Knauth with his friend Richard Stallman in the FSF's Board [...] Let's encourage people to adopt GNU/Linux. There has never been a better time.
GNOME, Microsoft, and GitHub: The Lack of Reporting on Abusive Colleagues Contributed to Profound Media Vacuum (or Blackout), Now Resorting to SLAPPs
This lack of morality/courage has helped enable further abuse, lining up more victims
Microsoft Already Attacks the BSDs as Well (the E.E.E. Way, as Usual)
Bearers of bad news
The Open Source Initiative (OSI) is in Trouble, May Soon be Out of Business
Openwashing needs to end
 
Google News is Amplifying FUD and Lies About Linux (and OpenSSH/SSH) by Promoting Slopfarms With Machine-Generated FUD and Slop Images
Google should know better
Gemini Links 23/04/2025: Librarians, Anubis, and Refactoring a Gemini Capsule
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 22, 2025
IRC logs for Tuesday, April 22, 2025
Links 22/04/2025: Ending DEI Policies at Adobe, FTC Sues Uber
Links for the day
Microsoft Devises PR Stunts to Distract From Impending Mass Layoffs and Likely Bad Results Preceding Those Mass Layoffs
A "voluntary exit plan"
Gemini Links 22/04/2025: Deaths, HamsterCMS, and More
Links for the day
Links 22/04/2025: FTC v. Meta Trial and Google Remedies
Links for the day
In Turkey, Windows Down Rapidly While GNU/Linux Grows
Although Turkey is in NATO (but not the EU), it cannot quite trust computer systems controlled by the United States
Richard Stallman Has Updated His Article on Why "Free Software Is Even More Important Now"
Richard Stallman is about to give a talk here in the UK in a few hours
Microsoft's Debt Grew Over 6 Billion Dollars in the Last Reporting Quarter (Before Inauguration), Expect Worse Next Week When 'Results' Are Disclosed and Mass Layoffs Resume
Microsoft is bleeding. It does not want people to notice.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 21, 2025
IRC logs for Monday, April 21, 2025
Richard Stallman Gives Public Talk in London in 7 Hours (Need to Register as Venue Limited to 150 Seats), Public Announcements Begin to Appear
These are not announced weeks or months in advance
Gemini Links 21/04/2025: Remembering Pope Francis, Crystal Simulation
Links for the day
Doing Microsoft's Job. On IBM's Payroll.
today's Red Hat cannot recognise threats even after a head-on collision
Google News is Rewarding Slopfarms, Not Journalism
Don't read junk from chatbots
Teaching GAFAM in Schools is Like Teaching Children to Smoke Tobacco
So suggests an FSF presentation
Richard Stallman, Whose Site is Trusted by Greater Manchester, Has Come to the United Kingdom
He doesn't suck up to the Crown, so he'll never be "knighted"
On Desktops/Laptops in Singapore Does a Fifth of Users Run GNU/Linux?
Probably not, but it's growing fast there
Links 21/04/2025: Fake Ceasefire and Software Patents (Fake Patents) Thrown Out
Links for the day
Companies With Fake Values and a Fake Economic/Financial State (Phony Valuations)
It'll all go up in smoke, eventually
Links 21/04/2025: Microsoft LLM Slop (Plagiarism) Going Out of Control, CT Scans' Cancer Problems Was Underrated
Links for the day
4 Years Ago Freenode Crumbled From Within
there are still hundreds of thousands of users online at any given time
GNOME Has a Long History (Over a Decade) Misusing the Code of Conduct (CoC) to Censor (Cull) Legitimate Technical Criticism
This has nothing to do with manners, it's about control (by cover-up)
Microsoft Has Tainted GNOME, Which Has Key People Acting as a SLAPP Front Against Techrights (Trying to Censor the Site by Extortion and Many Threats)
One common denominator (other than Microsoft salaries) is GNOME, which was led by an actual professional crank until she quit so suddenly months ago
Homeland of Linux Kernel Turning to GNU/Linux?
Adoption of Vista 11 has been relatively low
According to StatCounter, This is What Linux Adoption Looks Like (Based on Web Requests Visible to StatCounter)
How much worse will it get for Microsoft?
Gemini Capsules Still Outsourcing to Certificate Authority Let's Encrypt Now Measured at Less Than 10 (or Less Than 0.3%)
In Geminispace, Let's Encrypt is not commonly used
Twisting Microsoft's Failure (Transmitting Malware) as "SSH Backdoors" and a Linux Problem
Somehow we almost always find that those FUD pieces about "Linux" are based on obvious falsehoods
Vista 11 Has Burned OEMs and Some Move to GNU/Linux
When people can finally avoid Windows (there's no reason to attach it to new PCs) there will be a lot more GNU/Linux users out there
Remember That Microsoft Mass Layoffs Are Imminent Because Its 'Empire' is Falling Apart
European politicians take a long, hard look a Free software
Richard Stallman in the UK This Week, Scheduled to Give Two Public Talks (London and Oxford)
Those talks do not cover the same topics
Gemini Links 21/04/2025: April, Autism, and ASN
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 20, 2025
IRC logs for Sunday, April 20, 2025