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

Oracle Fraud (or Defrauding Shareholders)
"the obvious [lie] is that watts are (wasted) electricity [and] and FLOPS are computing capacity"
Explaining (in Length and Depth) the Damage Matthew Garrett Did to Linux and to GNU/Linux Users
no matter how many threats we receive
 
Leak: European Patent Office (EPO) is Now Attacking Amicale Clubs
corruption has become the norm and scientists are robbed of any dignity
Can We Please Stop Celebrating Shooters?
"An important point to hammer on is that CoCs were never intended for uniform or symmetric application"
Geminispace is Growing Faster in 2025 Than It Did in 2024
What matters is that corporations haven't ruined it and LLM slop is extremely rare
Links 13/09/2025: China Punishes for 'Negative' Posts, US Police Unable to Find Shooter
Links for the day
Who's the Mystery Financier of SLAPP Against Techrights and Is That a Millionaire/Billionaire?
Whose idea was it to fund meritless lawsuits against my wife and I?
Slopwatch: Slow Slop Day
This distracts from or may take traffic away from the original articles, actually written by actual people
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 12, 2025
IRC logs for Friday, September 12, 2025
CoC Gone Wrong: Celebrating Murder OK, Complaining About the Celebration Gets You Banned
Hopefully the NixOS Foundation will have a word with (maybe replace) the moderator/s
Gemini Links 12/09/2025: Familiarity and Secondary Dominants
Links for the day
Links 12/09/2025: "Bad Reviews" as Extortion Weapon, "Free Speech At Risk in America’s Schools" According to ACLU
Links for the day
Only One Speaker Does Not Do Sharecropping for MElon (in X.com)
The man who puts principles before PR/optics
The Mind of the 'Hulk Hogan of UEFI'
in a nutshell
A Day After "UEFI 9/11": UEFI Secure Boot Bypass
In the news today (right now), as published in the past few hours
Links 12/09/2025: Slop Code as Liability, Microsoft Outlook Down for Many
Links for the day
It's Still Not to Late to Turn Off "Secure Boot"
If people reboot their PC or server today, and it relies on "Secure Boot" on Sept. 12 or later, then depending on the firmware there may be trouble ahead
Links 12/09/2025: Shira Perlmutter is Back, “Software Per Se” Patent Rejections in In re McFadden
Links for the day
Slopwatch: Linux Plagiarism, Slopfarms Still Infesting Google News, Many Images Are Fake
Google is promoting plagiarism
"This Morning Might Turn Out to be an Interesting One for System Admins Who Haven't Updated Their Devices' Secure Boot Certificate" (If They Reboot)
Who asked for this anyway?
Gemini Links 12/09/2025: Metric System, Dumping Windows, and Software Architecture is Dead
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 11, 2025
IRC logs for Thursday, September 11, 2025
Microsoft Admits the Workers Have Lost Trust (Endless Layoffs, 12-13 Rounds of Layoffs This Year), So Now It's Trotting out Its Peter Bright-Like Media Prop Jordan Novet
What they don't want people to pay attention to right now
Links 11/09/2025: Windows TCO and Russian Drones Invading Poland (EU/NATO)
Links for the day
Gemini Links 11/09/2025: xkcd, misfin, and Alhena 5.3.2
Links for the day
Repetition of Last Summer (Microsoft Breaking Dual-Boot Systems)
UEFI 9/11 is about to kick in
UEFI 'Secure Boot' Boiling Frogs (Cannot Turn Off 'Secure Boot')
"MSI laptop is locked on Secure Boot and doesn't allow me to turn it off"
UEFI 9/11 Aftermath - Part IV: The 'Hulk Hogan of UEFI' and His 'Hideout' Holiday (Retreat From Reality)
Let's keep an eye on what matters
UEFI 9/11 Aftermath - Part III: Mr. 'Secure Boot' (Shim) and His Fake 'Holiday' (Sending My Wife and I Threatening E-mails on 9/11)
despite being on holiday, according to him, he finds time to instruct lawyers to contact my wife
UEFI 9/11 Aftermath - Part II: "The SecureBoot Thing Got Out of Hand."
The next few weeks might be... interesting
UEFI 9/11 Aftermath - Part I: "I Believe This Affects Thousands of Devices... Because Multiple Devices I Checked, Whether Client or Server [...] Affected."
Most people aren't even aware that this is happening or about to happen
The UEFI 9/11 - Part X - An Outline of the Series About Microsoft Sabotaging GNU/Linux (With Ramifications to Unfold Online in Coming Weeks as People Reboot)
Today is UEFI 9/11 (9/11/2025)
Ron Wyden: Microsoft Should be Held Accountable for Security Breaches (He Has Said This for Years Already, It Never Happens)
Negative media coverage isn't a fine and it does nothing to compensate Microsoft's billions of victims
Culture of silence: Ubisoft harassment convictions, Mozilla, Sylvestre Ledru & Debian make no comment
Reprinted with permission from Daniel Pocock
Disable 'Secure Boot' (If It Lets You)
it doesn't put you in control
Links 11/09/2025: "Hey Hi" Ponzi Schemes at Oracle (Unpaid Contracts) and Cindy Cohn is Leaving the EFF
Links for the day
Longtime Red Hat Staff: Maybe Just Disable 'Secure Boot'
A refreshing take from Adam Williamson
Gemini Links 11/09/2025: Playdate Console, Dichotomy between the Real and the Digital
Links for the day
A Dozen Observations About "UEFI 9/11" Deflections
What we are expected to see, tentatively
The Microsoft AstroTurfing and Microsoft-Led Blame-Shifting Tactics Are Ahead of Us
Of course it has nothing to do with security, it's about control, i.e. them controlling everything
Celebrating Assassination is Bad Because It Legitimises Assassination of the People You Like, Too
Condoning or even celebrating political assassinations is bad optics (and taste)
The World's Richest Ponzi Scheme (Faking Value Using Net Waste)
The higher they go the harder they fall
We Could Dual-Boot Back in the 1990s, Why Has This Become So Difficult?
And prone to breakage
Being Conditioned to Accept Unreliable Computer Systems That Fail With Black Screen of Death (BSoD)
Welcome to 2025
Slopwatch: Google News is Still Promoting Many Fake Articles About "Linux", in Effect Rewarding Misinformation and Plagiarism
things continue to deteriorate
New Series: The Coup Against GNU/Linux Has Begun
today, this year in particular, we shall also focus on Secure Boot, which is sold based on a lie and tortures many computer user
New Paper on "BYOVD, but in firmware. Signed UEFI shells, vulnerable modules offer new paths for Secure Boot bypasses."
One might say digital "security theatre"
Links 11/09/2025: Oracle Layoffs, Drunk Pilots in Japan Airlines, US-Korea Tensions Grow
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 10, 2025
IRC logs for Wednesday, September 10, 2025