The feedback recently received by the Indian Patent Office (IPO)
on its draft guidelines for Computer Related Inventions mainly
revolve around the following issues
Section 3(k): the interpretation of Section
3(k) of the draft guidelines have been viewed as unduly
'restrictive', especially with regard to the meaning of
'computer programs per se'. Comments have also
highlighted the lack of examples of patentable computer
Hardware innovations: the feedback suggests
the need for the guidelines to particularly explain the level of
technical contribution of the hardware for it to be patentable.
Requests were also made for illustrations to explain to what extent
the characteristics of hardware should be specifically
Business methods: the exclusion of this
subject matter from patentability have been appreciated in the
comments, however requests have been made for an explanation that
would help determine whether the claimed invention is a business
method or not.
TRIPs obligation: the comments have also
raised some concerns regarding India's international trade
obligations, including Article 27 of the TRIPs. It was argued that
allowing for a restrictive approach to computer programs would
amount to 'discrimination in the field of technology'.
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