Is IP Protection of software, comes under patent or a copyright in India?

Apr 132020
ip protection

Is IP Protection of software, comes under patent or a copyright in India?

Softwares have become a part of our daily lives. Information Technology is comparatively new in India as compared to other developed countries but India has made the most of it now it has been extensively used everywhere. Businesses in India as well as across the world have started to realise the importance of Intellectual Property as the cases of infringements are increasing everyday. This is the reason, you must consult a Patent Attorney in India and make sure that your Intellectual Property is protected. All your hard work and efforts in vain in a matter of seconds if somebody steals your information and starts using it by their name.

Information Technology has marked its footsteps and expanded its dependency from a small needle to a big machinery. It is ruling the world at the moment and has become a vital part of business whether small or big. Software Programs are an integral part of Information Technology without which it is nothing.

What should you protect your software

Now the question arises: what is the need to protect computer software. Just like any other idea, product, thought and name, there can be infringements on computer software and somebody might falsely claim their rights on your software. You and your company have given your days and nights designing a particular software that solves a particular purpose and somebody claims his rights on it and takes away all your time, money and effort in no time. This is the worst thing that can happen to you as an individual and as a company.

In order to protect your ideas from being stolen, you must protect your software well in advance so anybody who falsely claims their rights on your computer software is dealt with by the law and your idea is secured and safe. Once you are done with the designing of your software, you can visit the Patent Attorney in India and discuss the process involving the protection of Intellectual Property rights of your software and they will explain the process, cost involved and time required for the whole process.

Now, the question is, what type of Intellectual Property is relevant on Software protection, Patent or copyright? If you are a business owner of a software, it is very important for you to know and decide whether you must go for a patent or for a copyright so that you can make the most of it. Both of them come under IP protection but their range and nature of protection varies. Let us discuss both separately.

Copyright Protection in Software

The expression of the author who has designed the software is protected by copyright protection hence it will protect the creativity in the code functions that a particular software performs in the computer. The sections of the copyright act that are involved in the protection are Section 2 (ffc) of the copyright act 1957 and Section 2 (o) of the copyright act 1957 and both these acts protect computer software from unauthorised used and access defined by the copyright law of India

Copyright law in India has been made so that anybody’s creativity is not compromised which motivates creativity and allows people to give original and creative ideas which overall helps in benefiting the society. Stealing the creator’s original work comes under copyright infringement and Indian law deals strictly with it.

Patent Protection in Software

In general, computer software is not protected under patent intellectual property. This means, other than some exceptions, you cannot patent your computer software under Indian patent law. Some of the exceptions that makes your software patentable and qualifies your work to be patented are as below

  • The invention you want to patent must be capable of industrial application
  • The invention you want to patent must consist of patentable subject matter
  • The invention must be totally new
  • Your work must involve an inventive step
  • Certain formal standards must be met by the disclosure of the invention in your patent application

If your work follows the above steps, it qualifies for patent and you can go ahead with the patent application. Also, when it comes to acquiring intellectual property rights on your invention, patents give you a wide range of security as compared to copyrights but in case of software, all the above criteria must be fulfilled

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dpadmin
Ketana Babaria Ms. Ketana Babaria, an advocate and registered patent Agent M. Sc. LL.B PGO-IBM, is of 20 years experience in the field of IPR, worked for generics and giants now leads a team, handling all aspects of patent and legal matters related to the pharmaceutical & non-pharmaceutical.