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

Claim That Finance and HR at IBM Already Work on the Next Wave of IBM Layoffs, Media Silence Persists
The media is still telling misleading nonsense about IBM layoffs (like some fantasy about 'rehiring' thousands for "AI")
Claims of More IBM Layoffs a Week Before 'Christmas Week'
Of course, as usual, nobody in the media says anything
GAFAM "doesn't depend on any sort of lock-in, humans just don't want to be free anymore," according to MinceR
As many readers are aware, our criticism of UEFI (restricted boot in particular) attracted a lot of online harassment against us, including stalking and libel
The Register MS Has Just Been Paid to Promote the Ponzi Scheme Some More ("AI" Keyword Stuffing)
This won't end well for The Register MS
Perpetuating the Lie of "No Red Hat Layoffs" Because of the Bluewashing (Red Hat Became Just "IBM")
Many Red Hat employees were pushed out and/or removed lately
 
EPO People Power - Part XIV - EPO Management Living in Fantasy Land
wrongly assumes that any crime committed by the EPO will always be brushed aside
Secret Code is Undesirable
If someone wants you to use proprietary software, say no. Secret code is even worse.
Google News Still Has an LLM Slop Problem (With Slop Images Too), But Google Itself is a Pusher of Slop
If Google keeps shilling and selling slop as "AI", and moreover if people keep hating slop (there's growing awareness of this problem), then at the end Google will suffer greatly
Gemini Links 16/12/2025: Bingo Card and i586 in 2025
Links for the day
Links 16/12/2025: Security and Conflict (No Territorial Concessions in Ukraine)
Links for the day
With Half of December Over, FSF Two-Thirds of the Way Towards Funding Goal
If you can share some money this month, the FSF should be a priority
A Lot of People Don't Want "Smart" (Things That Spy, Stop Working, Cannot be Repaired Easily)
They also don't want slop disguised as "intelligence"
Links 16/12/2025: More GAFAM (Now Amazon) Layoffs and iRobot Chapter 11
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, December 15, 2025
IRC logs for Monday, December 15, 2025
Wrapping Up and Ending "Slopwatch"
An "end-of-life" improvement
Gemini Links 15/12/2025: How We Lost Communication to Entertainment, Dichotomy Between the Real and the Digital
Links for the day
The New Chief Editor at The Register MS is a Microsofter, Now They Increase Microsoft Coverage and Add Microsoft Slant to 'Linux' Coverage
Did Microsoft pay some more?
IBM Layoffs in India and IBM's CEO Spins His Lack of Market Share as a Strength
If this leadership carries on, the only red left at IBM won't be Red Hat but a red stain
Links 15/12/2025: "Life in Prison" for Criticising China, Tikhanovskaya Says 'Pressure Works'
Links for the day
Due to 'Secure Boot' (An Anti-Security Measure, a Kill Switch) Computer Users Are Afraid of GNU/Linux
This is what Microsoft wanted
'Crypto' 'Currencies' Are a Ponzi Scheme. So Is "AI". Both Destroy the Planet, Not Just the Economy.
Believe it or not, millions of these GPUs just sit there boxed, unopened, unconnected, unused
Microsoft Colonialism in Africa is Not Sustainable
Microsoft's situation in Nigeria is not
EPO People Power - Part XIII - If the EPO's Chief Propagandist (Berenguer) Told the Police He Was a Spanish Tourist (or Similar) or That He Does Not Reside in Munich, Then He May Have Lied to the Police (in Addition to Doing Cocaine in Public)
Lying to the police in Germany is a criminal offense
Links 15/12/2025: Chromebooks as Work Machines, "Americans [Who] Moved to Australia" to Avoid Cheeto
Links for the day
Breaking Your Proprietary Router in the Name of "Security"
Each time they "patch" the router something that previously worked OK is likely to just break
IBM May be Breaking the Law to Silence Staff It Laid Off
Observation to add regarding IBM layoffs
Demonisation Attacks on Richard Matthew Stallman (RMS) - Including Antisemitic Attacks - Have Not Worked
Name-calling doesn't work
Slop ("AI") Will Replace People and Take Away Jobs, Say the Slopfarms With Fake (LLM-Generated) Text and Slop Images
"AI" often means slave labour in a poor country
More Than a Million Bytes Should be Enough for Most Computer Programs
Who said computing would improve over time?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, December 14, 2025
IRC logs for Sunday, December 14, 2025
Another "AI" (Slop) Use Cases Turns Out to be a Fraud
Those who talk about this fraud get SLAPPed
They Say Rules Are Made to be Broken, at Microsoft That Became an Imperative (e.g. Accounting Fraud, Bribery and So on)
Its biggest client is itself
In Russia, Microsoft is Already a Dying Breed Online
A lot of Europe also dumps Microsoft. Europe is a big revenue source of Microsoft.
The Future of News on the World Wide Web
No "greener pastures" on the Web
𝐈𝐁𝐌 𝐂𝐄𝐎 𝐀𝐫𝐯𝐢𝐧𝐝 𝐊𝐫𝐢𝐬𝐡𝐧𝐚: Proof That at IBM People Fall Upwards
IBM is collapsing
EPO People Power - Part XII - The Mobbing Got So Bad People Were Unable to Work
What's at stake here isn't just the EPO or the patent system
Links 14/12/2025: "Chile to ban smartphones in classroom" and "Portugal updates cybercrime law to exempt security researchers"
Links for the day
Gemini Links 14/12/2025: "GUI TUI CLI" and EmacsConf 2025 Video
Links for the day
Links 14/12/2025: Tensions in Asia, US Making Deals With Belarus
Links for the day
A Utopian and Very Dumb Vision of Technology, Based on Accounting Fraud
the "industry" has become insane and a lot of "the media" is going along with it
Links 14/12/2025: "The Slop of Things to Come", Goldman Sachs Nervous About Slop Bubble
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, December 13, 2025
IRC logs for Saturday, December 13, 2025