Patent Business Lawyer in Asia

Patent Attorney practicing Patents, Corporate Law, Mergers and Acquisitions, Venture Financing, Startup Technology Law

Patent Protection for Software and Mobile Applications (Apps) – FAQs

software-patents-in-india

 

How are software patents granted in India?

Originally published here.

Software patents are granted in India if the computer related inventions pass the patent eligibility test. Software patents are granted by the Indian patent office for inventions that are novel, inventive, and are capable of industrial application. Software patents comprising innovative processes combined with hardware aspects can be registered under Indian patent laws.

For the purposes of patent registration in India, the process / method claims of software patents should be drafted in combination with apparatus / system claims including hardware features, which should not be a general hardware, such as a computer, or a mobile device. In addition, the system / apparatus claims should be limited by novel aspects of the corresponding methods or processes. More details on software patents in India can be found here. Other FAQs on software patents can be seen here.

Does Indian patent law allow software patents?

Yes, software / computer related innovations can be protected under patent rights as provided by the Indian patent laws. However, according to section 3(k) of the Indian Patents Act, mathematical formulae, business methods, and computer programs per se, are treated as non-patentable inventions.

Accordingly, computer related inventions, or CRIs, including mobile applications and software patents, can be protected in India by way of novel and inventive combination of innovative processes / method claims embodied via hardware, wherein the combination or hardware and software should be capable of industrial application, as defined in the patent law. More details on software patents in India can be found here. Other FAQs on software patents can be seen here.

How to apply for software patent in India?

The first step to apply for software patents in India is to determine whether the software based innovation is eligible for patent protection or not. The patent eligibility, or patentability, is determined by conducting a patent prior art search, which covers patent and non-patent literature to determine the novelty and inventive step (non-obviousness) of the proposed invention.

Another important step is to determine if the proposed invention falls under the category of the non-patentable inventions, which is specified under Section 3(k) of the Indian patents act. As per Indian patent laws, software / mobile apps fall under the category of computer related inventions (CRIs), which have to drafted in a particular manner to pass the patent eligibility test.

Therefore, once a software patent is drafted, the same can be applied to Indian patent office by following the patent e-filing process, or the physical filing, under the guidance of an Indian patent attorney or a patent law firm with expertise in patents. More details on software patents in India can be found here. Other FAQs on software patents can be seen here.

How to patent a software in India?

Indian patent laws don’t specifically provide patent protection for computer programs per se, but computer related inventions (CRIs) can be protected under the Patents Act, including software and mobile applications. Software owners and publishers can protect intellectual property rights by combined protection of software patents and software copyright. Copyright protection is aimed at protecting software source code, while patent protection is aimed at protecting technical aspects of the software and mobile applications, which should satisfy the patent eligibility criteria as specified under the provisions of the Indian patent laws. More details on software patents in India can be found here. Other FAQs on software patents can be seen here.

How to patent a mobile application in India?

Mobile applications can be patented by filing one or more patent applications with the Indian patent office corresponding to one or more innovative features of the mobile application. The Indian Patents Act state that one patent application should relate to a single invention only.

Accordingly, innovative aspects of the mobile app can be patented by drafting patent claims covering the corresponding hardware and software features, by way of system / apparatus claims and method / process claims. While drafting patent claims for mobile app based innovations, utmost care must be given to highlight novel aspects to connect the hardware elements with each other, wherein each element shall be limited in accordance with its functionality as described in method claims. More details on software patents in India can be found here. Other FAQs on software patents can be seen here.

What are the examples of software patents in India?

Technology companies like Microsoft have been filing patents in India regularly and most of such patent pertain to the category of software patents. While patents cannot be obtained in India for computer program per se, software and mobile applications can be protected in India by claiming combination of novel aspects of hardware and software, by way of system and method claims.

Examples of software patents in India may be seen here.

As may be concluded from above, the Indian patent office grants patent for software and mobile apps, which fall under the category of computer related inventions (CRIs), as method claims describing hardware features, which are further limited by their respective functionality as specified in the method claims. More details on software patents in India can be found here. Other FAQs on software patents can be seen here.

Written by:

Rahul Dev,

International Technology Business Lawyer | Member – Delhi High Court Bar Association (DHCBA)  

Partner and Patent Attorney, Tech Corp Legal LLP  (Tech Corp Group), an international law firm specialised in business and technology laws providing patent drafting (software patent drafting, mobile app patent drafting, patent drafting for computer related inventions), searching, filing and PCT national phase services along with trademark and other aspects of Intellectual Property Rights in addition to corporate law practice governing cross-border M&A transactions, technology licensing, agreements and contracts.

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This case study is about IP services provided to a client in the domain of cloud telephony. Specifically, the cloud telephony company developed an innovative technology product and this case study provides a reference for patent attorneys and intellectual property law firms worldwide.

Oroginally published here.

Cloud Telephony Product – Innovative Technology

The innovative technology product is aimed at offering cloud telephony solutions to users for performing secure transactions via mobile devices.

mobile app software patents

Task – IP Protection

Client wanted to protect overall intellectual property (IP) associated with the innovative product, including the technology powering the product, corresponding product and / or service embodiments, and related aspects of intellectual property rights (IPR).

Patent Portfolio – Creation and Development

The first step executed was to create a patent portfolio by drafting and filing multiple patent applications covering different embodiments of the innovative product. The aim of creating patent portfolio was to add value to the company’s intangible assets by developing the patent portfolio into an asset with global execution potential by way of patent licensing and patent assignment.

 

The patent portfolio included patent applications having claims protecting broad level scope to cover overall technology and corresponding aspects embodied over the wireless network. For example, the parent patent application claimed features to connect users of the product in a secure environment.

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Cloud Telephony Patent – Case Study – Patent Strategy for International Patent Filings and Global Brand Protection via Trademarks from Rahul Dev

Patent Filing vs. Product Launch

Considering the fact that the innovative technology could be applied across multiple industry sectors, parent patent application was filed well ahead of the product launch date and subsequent patent applications were filed in a timely manner in-sync with the subsequent versions and features of the technology product.

Patent Strategy

An accelerated patent strategy was formulated for the client with a view to achieve timely and enforceable patent protection across multiple jurisdictions based on the business interests of the client. Consequently, a strong patent portfolio was created and developed across different countries by way of international patent filings (PCT International Phase Patent Filing, PCT National Phase Patent Filing, Paris Convention). By taking advantage of the patent cooperation treaty (PCT) as per the WIPO (World Intellectual Property Organisation), patent filing procedure across different patent offices was streamlined by bringing together a strong network of international patent attorneys to work on the project.

Brand Protection – Trademark Registrations

In addition to patent protection, multiple brands associated with the product were protected by filing applications for domestic and international trademark trademark registrations. International brand protection was achieved by way of Madrid system, which includes Madrid Protocol, which is related to Madrid Agreement, an international treaty to facilitate international registration of trademarks and management of trademark applications.

Conclusion

Therefore, as may be seen, different aspects of intellectual property rights can be protected by collectively filing multiple patent and trademark applications, both domestically and internationally.

Rahul Dev, Partner at the law firm of Tech Corp Legal LLP, is a patent attorney and international technology business lawyer. Dev’s corporate law practice is aimed at integrating patents, technology laws, intellectual property rights, regulatory and security laws to provide services to Tech companies.

Patent Drafting Resources

  1. Patent Drafting and Writing Strong Patent Applications for Creating & Protecting Inventions

  2. Patent Application Writing Guide | Ultimate Cheat Sheet for Drafting Software Patents and Mobile App Patents

  3. Patents in MedTech – Online Healthcare & Medical Practice Management

  4. Patent Research & Analytics | Where Patent Analytics Are Headed – Harnessing Power of Patent Analytics for Patent Strategy

  5. Frequently asked questions (FAQs) | Drafting and Writing Provisional & Non-Provisional Patent Applications (Specifications)

  6. How and Why are Patents Important for Technology Companies & Startups In Asia?

  7. How can Patent Search help in determining Patentability of Invention?

  8. What is the meaning of Patent Pending Status?

  9. What are advantages of Filing a Provisional Patent Application?

  10. What is a Provisional Patent Application?

About Us – Indian Patent Law Firm

We, at Tech Corp Legal LLP, an Indian law firm serving global clients and patent attorneys worldwide, provide quality patent drafting services to inventors. Along with patent support services provided by GIP Research, we offer top quality patent specification drafting services including enforceable patent claims and high quality patent illustrations.

Our team of patent attorneys and technical patent experts has comprehensive experience in executing projects pertaining to international patent drafting, patent drafting services, drafting patent claims and patent applications, software and mobile app patents, provisional and non-provisional patents, patent searches, office action responses, etc.

***************************************

Rahul Dev is a Patent Attorney & International Business Lawyer practicing Technology & Corporate Laws. He is reachable at info (at) techcorplegal (dot) com & @rdpatentlawyer on Twitter

Discuss your Queries

https://clarity.fm/assets/widget_loader.jsFrequently asked questions – Patents, Technology & Internet Laws ***************************************

To get in touch with us, please click here.

View our presentations here.

About the Author: Rahul Dev

Engagements: Contractual Consulting, Hourly, Project Based

Contact Mode: LinkedIn or directly message here

Schedule a Consultation Now

This is not a legal advice: Disclaimer, Non-Solicitation & Liability

[slideshare id=nBPIaLwdPRD8AB&w=425&h=355&fb=0&mw=0&mh=0&style=border: 1px solid #CCC; border-width: 1px; margin-bottom: 5px; max-width: 100%;&sc=no]

Patent Basics and Intellectual Property Rights from Rahul Dev

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IPR Protection for Hardware Startups – Patents, Trademarks, Copyrights and Designs from Rahul Dev

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How to Hire a Startup Lawyer – Ultimate Guide to Understand Startup Laws from Rahul Dev

Important Website Terms of Use & Legal Disclaimers for Online Business Models and Mobile Apps Download free ebook for “Drafting Website Terms and Conditions – Important Legal Considerations”:http://app.getresponse.com/view_webform.js?wid=9764902&u=SkJ5Add to Flipboard Magazine.https://cdn.flipboard.com/web/buttons/js/flbuttons.min.js

BioSpectrum Asia – Debate over compulsory licensing of Bayer’s Nexavar 

Originally published here.

compulsory patent licensing india

Full Article: India allows compulsory licensing of Bayer’s Nexavar

In March 2012, the Indian Patent office granted first compulsory license to NATCO pharma to make anti-cancer drug sorafenib for the India market. However, the compulsory license is subject to certain conditions, such as maintaining account of sales, and payment of royalty at six percent of the net sales on a quarterly basis to Bayer. The order also makes it obligatory for NATCO to supply the drug free-of-cost to at least 600 needy and deserving patients per year.

Rahul Dev, Partner at the law firm of Tech Corp Legal LLP, is a patent attorney and international technology business lawyer. Dev’s corporate law practice is aimed at integrating patents, technology laws, intellectual property rights, regulatory and security laws to provide services to Tech companies.

Patent Drafting Resources

  1. Patent Drafting and Writing Strong Patent Applications for Creating & Protecting Inventions

  2. Patent Application Writing Guide | Ultimate Cheat Sheet for Drafting Software Patents and Mobile App Patents

  3. Patents in MedTech – Online Healthcare & Medical Practice Management

  4. Patent Research & Analytics | Where Patent Analytics Are Headed – Harnessing Power of Patent Analytics for Patent Strategy

  5. Frequently asked questions (FAQs) | Drafting and Writing Provisional & Non-Provisional Patent Applications (Specifications)

  6. How and Why are Patents Important for Technology Companies & Startups In Asia?

  7. How can Patent Search help in determining Patentability of Invention?

  8. What is the meaning of Patent Pending Status?

  9. What are advantages of Filing a Provisional Patent Application?

  10. What is a Provisional Patent Application?

About Us – Indian Patent Law Firm

We, at Tech Corp Legal LLP, an Indian law firm serving global clients and patent attorneys worldwide, provide quality patent drafting services to inventors. Along with patent support services provided by GIP Research, we offer top quality patent specification drafting services including enforceable patent claims and high quality patent illustrations.

Our team of patent attorneys and technical patent experts has comprehensive experience in executing projects pertaining to international patent drafting, patent drafting services, drafting patent claims and patent applications, software and mobile app patents, provisional and non-provisional patents, patent searches, office action responses, etc.

***************************************

Rahul Dev is a Patent Attorney & International Business Lawyer practicing Technology & Corporate Laws. He is reachable at info (at) techcorplegal (dot) com & @rdpatentlawyer on Twitter

Discuss your Queries

https://clarity.fm/assets/widget_loader.jsFrequently asked questions – Patents, Technology & Internet Laws ***************************************

To get in touch with us, please click here.

View our presentations here.

About the Author: Rahul Dev

Engagements: Contractual Consulting, Hourly, Project Based

Contact Mode: LinkedIn or directly message here

Schedule a Consultation Now

This is not a legal advice: Disclaimer, Non-Solicitation & Liability

[slideshare id=nBPIaLwdPRD8AB&w=425&h=355&fb=0&mw=0&mh=0&style=border: 1px solid #CCC; border-width: 1px; margin-bottom: 5px; max-width: 100%;&sc=no]

Patent Basics and Intellectual Property Rights from Rahul Dev

[slideshare id=fedUH8BLnh5Y6T&w=425&h=355&fb=0&mw=0&mh=0&style=border: 1px solid #CCC; border-width: 1px; margin-bottom: 5px; max-width: 100%;&sc=no]

IPR Protection for Hardware Startups – Patents, Trademarks, Copyrights and Designs from Rahul Dev

[slideshare id=45lPAl6nOHQUkd&w=425&h=355&fb=0&mw=0&mh=0&style=border: 1px solid #CCC; border-width: 1px; margin-bottom: 5px; max-width: 100%;&sc=no]

How to Hire a Startup Lawyer – Ultimate Guide to Understand Startup Laws from Rahul Dev

Important Website Terms of Use & Legal Disclaimers for Online Business Models and Mobile Apps Download free ebook for “Drafting Website Terms and Conditions – Important Legal Considerations”:http://app.getresponse.com/view_webform.js?wid=9764902&u=SkJ5Add to Flipboard Magazine.https://cdn.flipboard.com/web/buttons/js/flbuttons.min.js

By 2020, according to Frost & Sullivan, healthcare expenditure in the APAC will increase 151 percent over 2010 figure, to $2927 billion at a compound annual growth rate of 9.2 percent.

Factors such as increasing population, per capita income, prevalence of lifestyle diseases due to rapid urbanization, apart from cost factors, are aiding growth. However, the opportunities come with a set of challenges, some of which are unique to the region. The APAC is characterized by diverse therapeutic segments, different and complex regulatory laws and a fragmented market, and the global economic crisis has added a new layer of complexity to the already challenging environment.

Originally published here.

patent attorney asia china india malaysia singapore

BioSpectrum identifies 10 challenges that are common to the region and are likely to be hurdles in the industry’s progress. Cultural Diversity Critical Mass Policy Issues Raising Capital Human Resouces Regulatory Issues Currency Fluctuation Partnering Price Sensitivity Credible “midsize” CROs.

Regulatory challenges in APAC include a major challenge in India of having an effective mechanism for dealing with the government, given its active responsibility in taking funding decisions, regulating healthcare services, and deciding policy issues, including the most crucial ones regarding intellectual property rights. “In China, companies need to pass many hurdles such as complicated regulatory framework and a lengthy process for getting a product registered and then getting it added to the national reimbursement list,” he adds. In Australia, he says, the challenge for pharmaceutical companies “is the upcoming patent expiration for drugs developed in the 1980s and replicating those profit streams”.

More about regulatory challenges in APAC can be read here.

Full Article can be read here: 10 challenges for businesses in APAC

Rahul Dev, Partner at the law firm of Tech Corp Legal LLP, is a patent attorney and international technology business lawyer. Dev’s corporate law practice is aimed at integrating patents, technology laws, intellectual property rights, regulatory and security laws to provide services to FinTech companies.

Patent Drafting Resources

  1. Patent Drafting and Writing Strong Patent Applications for Creating & Protecting Inventions

  2. Patent Application Writing Guide | Ultimate Cheat Sheet for Drafting Software Patents and Mobile App Patents

  3. Patents in MedTech – Online Healthcare & Medical Practice Management

  4. Patent Research & Analytics | Where Patent Analytics Are Headed – Harnessing Power of Patent Analytics for Patent Strategy

  5. Frequently asked questions (FAQs) | Drafting and Writing Provisional & Non-Provisional Patent Applications (Specifications)

  6. How and Why are Patents Important for Technology Companies & Startups In Asia?

  7. How can Patent Search help in determining Patentability of Invention?

  8. What is the meaning of Patent Pending Status?

  9. What are advantages of Filing a Provisional Patent Application?

  10. What is a Provisional Patent Application?

About Us – Indian Patent Law Firm

We, at Tech Corp Legal LLP, an Indian law firm serving global clients and patent attorneys worldwide, provide quality patent drafting services to inventors. Along with patent support services provided by GIP Research, we offer top quality patent specification drafting services including enforceable patent claims and high quality patent illustrations.

Our team of patent attorneys and technical patent experts has comprehensive experience in executing projects pertaining to international patent drafting, patent drafting services, drafting patent claims and patent applications, software and mobile app patents, provisional and non-provisional patents, patent searches, office action responses, etc.

***************************************

Rahul Dev is a Patent Attorney & International Business Lawyer practicing Technology & Corporate Laws. He is reachable at info (at) techcorplegal (dot) com & @rdpatentlawyer on Twitter

Discuss your Queries

https://clarity.fm/assets/widget_loader.jsFrequently asked questions – Patents, Technology & Internet Laws ***************************************

To get in touch with us, please click here.

View our presentations here.

About the Author: Rahul Dev

Engagements: Contractual Consulting, Hourly, Project Based

Contact Mode: LinkedIn or directly message here

Schedule a Consultation Now

This is not a legal advice: Disclaimer, Non-Solicitation & Liability

[slideshare id=nBPIaLwdPRD8AB&w=425&h=355&fb=0&mw=0&mh=0&style=border: 1px solid #CCC; border-width: 1px; margin-bottom: 5px; max-width: 100%;&sc=no]

Patent Basics and Intellectual Property Rights from Rahul Dev

[slideshare id=fedUH8BLnh5Y6T&w=425&h=355&fb=0&mw=0&mh=0&style=border: 1px solid #CCC; border-width: 1px; margin-bottom: 5px; max-width: 100%;&sc=no]

IPR Protection for Hardware Startups – Patents, Trademarks, Copyrights and Designs from Rahul Dev

[slideshare id=45lPAl6nOHQUkd&w=425&h=355&fb=0&mw=0&mh=0&style=border: 1px solid #CCC; border-width: 1px; margin-bottom: 5px; max-width: 100%;&sc=no]

How to Hire a Startup Lawyer – Ultimate Guide to Understand Startup Laws from Rahul Dev

Important Website Terms of Use & Legal Disclaimers for Online Business Models and Mobile Apps Download free ebook for “Drafting Website Terms and Conditions – Important Legal Considerations”:http://app.getresponse.com/view_webform.js?wid=9764902&u=SkJ5Add to Flipboard Magazine.https://cdn.flipboard.com/web/buttons/js/flbuttons.min.js

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