Bonum Certa Men Certa

India and Europe Do Not Permit Software Patents, But Patent Law Firms Try to Work Around the Law

They want to be let in through loopholes and trap doors

To let in



Summary: LexOrbis and NLO are two of the latest examples of law firms that scheme to bypass the rules and patent software where these patents are not permitted

WHEN patent lawyers in the US are plotting to get software patents from the USPTO they aren't doing anything unethical. While software patents have virtually no 'teeth' in US courts (and are also harder to get from the examiners, especially once PTAB gets involved), there's no law or even guidelines actually banning such patents.



In other parts of the world (except China) it's another matter; LexOrbis and its advocacy [1, 2] for software patents in India was noted here before. IAM helps them a lot with this. A few days ago DPS Parmar (LexOrbis) continued pushing this agenda in India. To quote:

Once the Examiner identified that claims are drafted in the means plus function style the CRI guidelines seeks examiner to further to look for information relating to implementation of the invention in the specification and if the specification supports implementation of the invention solely by the computer program then such means plus function claims may be deemed as only computer programme per se falling within the ambit of non-patentable subject matter under section 3(k). Moreover, though act does not refer the term software, the CRI guidelines directed to keep such software within the scope of non-patentable subject under section 3(k) as seen from the last para of this guideline for "mean plus function claims" where it is stated that "Where no structural features of those means are disclosed in the specification and specification supports implementation of the invention solely by the software then in that case means in the "means plus function" claims are nothing but software."


They are using the infamous "per se" loophole whilst at the same time lobbying to expand the scope of patents to algorithms. They have not been successful.

There's also a new article titled "India in 2018" containing a section about the "artificial intelligence"/"machine learning" hype and then delving into patents as if "tons of existing and filed patents in the area by big players like Google" are innovations...

Here's the most relevant portion:

Added to the above dilemma is the huge challenge facing start-ups when more established players with much deeper pockets decide to get into the game of obtaining brands or filing patents to undercut a young brand. Every start-up founder working in the artificial intelligence/machine learning space will admit to spending more than her/his fair share of time worrying whether the next breakthrough the company will survive the challenge of proving they have something new over the tons of existing and filed patents in the area by big players like Google.

It is imperative that start-up lawyers develop a unique metric to decide when is the right time to file for relevant registrations, and how far they wish to go in trying to protect their IP. There are, indeed, no right answers here.


There are barely any cases of successful enforcement of software patents in India. So why worry? Or waste a small firm's time pursuing such patents? The matter of fact is, such patents ought to be off the agenda altogether. India has a very broad software industry and it's doing just fine without patents.

Looking at Europe, there's not much to say about the patent offices (in the news at least) except this bit of 'true' "journalism" from Reuters. It's just PR spam and it links to a PDF with text as an image (bad practice, visually unprofessional too in this case). It's about an EP. Apart from that, there's another bit of much longer PR spam. It is a shameless self-promotional piece in which NLO promotes software patents in Europe or more specifically at the EPO. There's a whole section about software patents and it's rather extraordinary that they mention "as such" twice (Brimelow's term) and also use the EPO's nonsensical term, "computer-implemented inventions," as if people will believe it's any different from software patents. To quote:

Software patents

In Europe and many other countries, mere software as such is excluded from patentability. For historical reasons, software is regarded as written source code which can only be protected by copyright.

However, many electronic products nowadays have digital functionality, and machinery is often electronically controlled. Due to increasing importance for industry, obtaining patent protection is often desirable. In Europe and around the world, it has been recognized that excluding these products or methods from protection would block innovations and be detrimental to industry.

Therefore, in many jurisdictions, it is possible to patent so-called computer-implemented inventions.

In general, a computer-implemented invention relates to a device — such as a desktop computer, a dedicated processor, or a controller — with a functionality that is implemented by a software component.

Under the present regulations, the European Patent Office (EPO) carries out a number of tests to determine whether a software-based invention merely relates to software as such or is eligible to be patented.

In addition to the regular tests for novelty and inventive step, the EPO tests whether the computer-implemented invention describes an actual implementation of a product or method, rather than just an abstract idea.

Functionality and patents

The EPO further checks whether the functionality of the software goes beyond mere automation of a known process. Obviously, software instructions have the property that a computing device that executes these instructions shows electronic activity. Mere automation of a known process which causes such electronic activity generally is not eligible to be patented.


It's rather troubling, in our view, that law firms so openly promote the practice of working around the rules and doing something which, as per the regulations, is not permitted. But we suppose that's exactly what large companies pay such law firms to achieve.

Recent Techrights' Posts

American Back Doors No Longer Trusted by Europeans
Has the EU paid attention, for a change?
When Energy Prices Double in About a Month the Slop Bros Won't Sleep at Night
Unhinged leadership does not seem eager to end a conflict that it started
Newer is Not Better, Lunar Edition
Maybe in 57 years (2083, after all these wars) we'll managed to launch a capsule with a human and a dog above the stratosphere again
 
Ubuntu More Honest Than Microsoft Windows
If you don't like the direction Ubuntu has taken, then try something else
Azure is Dying, the "Entertainment" (Slop) Couldn't Lift Up Fake 'Demand' For Azure
Azure has had mass layoffs every year since 2020 and even earlier this year
2026 Starting to Feel Like 2020
Can Wall Street survive this?
Growing Awareness of Techrights' Importance
We're not an individual's blog but a community project
Harassment by Microsoft, Then a Cover-up
That Microsoft relies on blackmail, bribes and harassment (even against its own people) isn't surprising given the roots of the company and its toxic, deceitful management
SLAPP Censorship - Part 37 Out of 200: The Correct Suspicion Garrett and Graveley Were Collaborating in Overseas Litigation Against Critics
Microsofters and back doors' boosters from America frivolously sue Brits
Microsoft Has Lost Nearly 20% in "Desktop Operating System Market Share" Since COVID-19 Began
Add Android and iOS, then Windows falls to 24%
Maintenance Later This Month
Apr 24, 2026 21:00 - Apr 25, 2026 09:00 BST
Microsoft: Move Over, XBox, Slop is the New "Entertainment" and We Demote Our "Entertainment" CEO
Marketers, marketers, marketers, as a CEO called Ballmer put it
linuxbuz.com is a Slopfarm, It Depends on LLMs
In the more distant past it could be said that linuxbuz.com was an OK site
Links 07/04/2026: Patent Trolls Leigh M. Rothschild, Bolstered by GNOME and OIN, Continues to Attack; ‘Retaliatory Antitrust Suit’ by MElon
Links for the day
Gemini Links 07/04/2026: Copyleft Revisited, Killing Linux Processes With FZF
Links for the day
It Would be Good for Debian to Have a Female DPL, But...
Debian isn't exactly selecting people for quality or policing bad behaviour
IBM Insiders Say What's Wrong With IBM in Albany (and Yes, There Are Layoffs)
promotions boil down to what insiders now call "brown-nosing" and nepotism
After Killing OpenSource.org IBM Together With OSI Told Us It Would Carry on OpenSource.net, But the Site Has Been Essentially Dead for 9 Months (Effectively Abandoned)
OpenSource.org has been dormant for 4 weeks already and OpenSource.net last had a new page 9 months ago (it'll be 9 months tomorrow) [...] That's IBM in a nutshell
A Lot of What Happened to OSI is Because of Reporting by Techrights
Half a year since Stefano Maffuli (Executive Director) "left"
Public Presentations by RMS Hardly Interrupted Anymore
We'll carry on covering those sorts of topics throughout the year
Links 07/04/2026: US Wants to Put Journalists in Prison for Reporting Facts, Artist ‘Bale’ Arrested Over Rape Allegation in Social Control Media
Links for the day
To IBMers, IBM Has Failed and is Fast Becoming a Book of Jokes and One-Word Punchlines
How else can one make it obvious that IBM is circling down the drain?
"AI Revolution" Was a Lie: Microsoft CEO Admits What He Calls "AI" is Sometimes Sloppy and Microsoft Admits That Slop is for "Entertainment Purposes Only" (Not for Any Serious Work)
if it gets "memory-holed", we can bring it up again and again
Social Control Media is Not a Viable Business Model
The future of the Web might not be the Web
From Datacentres Boom to Actual Booms That Target Datacentres, Now Struggling to Justify Humongous Energy and Water Consumption
Datacentres that are used for mindless "entertainment" (as Microsoft calls it) like slop are not a priority at this time
Gemini Links 07/04/2026: Aircraft Lift Force, Editor History, and Consumer Hardware Stagnation
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 06, 2026
IRC logs for Monday, April 06, 2026
What Matters is Software Freedom, Not the Brands
The important thing is to speak about Software Freedom
Wikileaks is About to Turn 20
~2 days ago it turned 19.5
The Cloud of Smoke
Will 2026 be the year that "The Cloud" openly confesses the risks it brings about?
SLAPP Censorship - Part 36 Out of 200: Claim KB-2024-003529 in a Nutshell (Microsoft Employee Does Terrible Things, Then Sues the Reporter in Another Continent)
It commences with more of an overview
Gemini Links 06/04/2026: Solar Panel Story and Centralisation
Links for the day
"Free Speech, Free Press": What the World Needs to Improve
Darkness breeds corruption
IBM prioritises a "lot of smoke and hype and use of trending buzzwords"
IBM can pretend all it wants things are fine
GAFAM Paying the Price for Pursuing US Military Money (Taxpayers' Money as 'Stimulus' With Strings Attached)
The "cloud" in cloud computing is a cloud of smoke
Observing Slop's Demise
If energy becomes more scarce, then one rare/side perk (or upside) will be slop companies screaming for lifeboats
Links 06/04/2026: Crackers Breached the European Commission, Why "Old Way of Campaigning Won’t Cut It Anymore"
Links for the day
Enron Versus NVIDIA (the Cost of Circular Financing, or Funding Your Own Customers to Buy Your Products) - “The Inventory Paradox” or “The Vibe Revenue Admission”
Round-tripping (finance)
You Know "The Economy" is Fake When 6 Months After Oracle Says Debt-Saddled 'Open' 'AI' (Slop) Will Pay It $300,000,000,000 Oracle Says It Must Lay Off 30,000 Workers at 6AM
Oracle is in deep debt, which increased at a pace of almost 4 billion dollars per month lately
Free Software Will Outlive GAFAM
GAFAM is overhyped
Techrights Was Further Decentralised Three Years Ago
In 2020 we began working on IPFS stuff
The Military Attacks on Dubai Internet City as Reminder That GAFAM Isn't Safe (Disregard the "Nobody Gets Fired for Buying GAFAM" Mindset)
These are all realistic and foreseeable scenarios that GAFAM sceptics have long warned about
The Wars Aren't Ending, Now We See GAFAM Facilities Being Bombed
This is becoming a tech issue
Links 06/04/2026: Turning 34, Throwing Things Away, and Printing in GNU/Linux
Links for the day
Links 06/04/2026: Ex-Microsoft Engineer Explains Why Azure Fails, Germany Prepares for War
Links for the day
EPO "Cocaine Communication Manager" - Part XI - EPO Strike Enters Its Second Week, EPO Sheds Off Qualified Staff to Make Way for Nepotists
More than six months ago the "Cocaine Communication Manager" got arrested for cocaine use
Another Microsoft Outlook Downtime
Microsoft has sloppy code, it's not something suitable for mission-critical things
Week 2 of April IBM Layoffs Accelerate Based on Rumours
"Heard about Layoff at IBM"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 05, 2026
IRC logs for Sunday, April 05, 2026
Culture of Harassment Inside Microsoft, Says Former Director at Microsoft
listen to Microsoft insiders
Drone Strikes on Amazon (GAFAM) Datacentres Highlight Azure's Miniscule Share
Azure is failing
SLAPP Censorship - Part 35 Out of 200: How to Make ~10,000 Pound Sterling (13,220.50 United States Dollars) by Copy-Pasting and Editing 10 Pages
Today it's Easter Sunday, so we'll keep this part relatively short
Gemini Links 05/04/2026: Artemis II Mission Tracker, Meditation on Copyright, Alhena 5.5.5, "Gemini as the Final Frontier of Human Cognition"
Links for the day
Microsoft Windows Falls to All-Time Low of ~60% in Switzerland, GNU/Linux Among Top Gainers
What will it take for mainstream media (not just geeks' site) to cover it?
Mainstream Media on "Practical Survivalism"
Suffice to say, panic buying begets more panic and price surges
Cloud Computing as a Cloud of Smoke (Your Hosting Provider is a "Legitimate" Military Target)
When a French datacentre went up in flames people joked that the "cloud" meant a cloud of smoke
Andreas Tille Congratulates Sruthi Chandran Before the Election for Debian Project Leader (DPL) is Even Over
Andreas Tille, the current Debian Project Leader (DPL) who has been in this role for nearly 24 months
When You Try to Change the World for the Better and Somehow They Find a Way to Say You Are the Villain
Don't be a fool. Don't fall for inversions of narratives.
Slop Was a Flop and Energy Crisis Will be Slop's Final Blow
Today we see no slopfarms in Google News
Links 05/04/2026: "Taiwanese Airlines to Hike Fuel Surcharges 157%" and Openly Racist Voter Suppression Starts in the US
Links for the day
Gemini Links 05/04/2026: Playing with Hyprland and Migrating Antenna Filters
Links for the day
Links 05/04/2026: "Confidential Computing" as Proprietary Bundle of False Promises and "The Web Is an Antitrust Wedge"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 04, 2026
IRC logs for Saturday, April 04, 2026