Page 39 - Management Digest Udyama Vol 1 Isuue 2

achievements with the IP Importantly, the overall objective Software Patentability and
portfolios of different forms they of this article is to distinguish the Exclusions
have developed or licensed from IP regimes of software programs
another party. The software-based and trends in software licensing in The novelty is not an issue for
IP is a cash cow to these the world. the patentability of software as
companies, and that is the protection is often sought for
secret for the incredible global IP Protection Regimes for new bits of software. However,
visibility of those companies. Software most of the patent applications on
Therefore, the value relevance of software programs are rejected
software programs is becoming In most of the jurisdictions in on a lack of inventive steps.
very important day by day for the world, Computer software In general, software program
emerging entrepreneurs and is inexplicably qualified evolves as a result of incremental
as well as for multinational for protection as copyright. changes or improvements. These
companies. Globally, copyright law has been modifications are more prone to
harmonized accordingly; literally be obvious to a person who is
However, the public is little and artistic work is protectable working in the same field. As
aware of emerging legal issues as copyright in every part of the it violates the necessity of the
and business models associated world. In most of the jurisdictions non-obviousness of the invention,
with the software developments. in the world, the software there is a high chance of rejecting
The software programs become programs are also clarified as the patent application during
intellectual property upon gaining literal work. Therefore, as literal the examination. Apart from the
protection under copyright law work, a computer program is above criteria, there are some
and/or patent law. The software protectable under copyright exclusions for the software
programs are protectable as law. Moreover, the Berne programs. The software programs
copyright and patents within Convention and Trade-Related exclude from patentability unless
these legal frameworks subject to Aspect of Intellectual Property the software-based invention
some conditions. The popularity (TRIPS) provides legal grounds provides technical results.
and the wider usage of software for protecting software and Probably, it should be a computer-
programs are fueled by the Free computer program as copyright. related invention to fall into the
& Open-Source Software (FOSS) Another very frequently asked patentability scope. Another
initiative, which began in the question is whether computer exclusion is the software creation
1980s. The FOSS initiatives software programs are patentable. should not be a method. For
warrant enormous benefits to the To answer this question, if the instance, if it is a method of doing
software development ecosystem computer software fulfills the business, that will be excluded
and for the advancement of patentability requirements, from patentability. However, as
innovation in the ICT field. In novelty, inventive steps, and the patent right is territorial, it
the view of harnessing the FOSS industry-relevant, it is patentable is required to look at country-
benefits, countries develop new under patent law. However, legal specific patent laws to get more
policies to bring FOSS-based provisions on the patentability of detailed information on this.
strategies to institutionalize it for software programs vary across
the public sector governance and jurisdictions. The global standard
social welfare. on this concept is yet to be
harmonized.
This article initially sheds light on
the characteristics that need to be
fulfilled to get IP protection for However, the public is little aware of emerging
software programs. Afterward, it legal issues and business models associated with the
focuses on the current modalities
of the software industry with a software developments. The software programs
specific focus on the proprietary become intellectual property upon gaining
software license and FOSS protection under copyright law and/or patent law.
Licenses. Finally, the discussion The software programs are protectable as copyright
will be directed on the benefits and patents within these legal frameworks subject to
of FOSS-based software and some conditions.
how FOSS contributes to social
welfare and public administration.

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