[Fsf-friends] THE PATENTS (AMENDMENT) ORDINANCE, 2004

[Sriharsha]

Ramanraj is fine. As can be seen from the posts.

Anand Babu wrote:

>,----[ Ramanraj K <ramanraj@iqara.net> ]
>| The THE PATENTS (AMENDMENT) ORDINANCE, 2004 is available online at
>| http://lawmin.nic.in/Patents%20Amendment%20Ordinance%202004.pdf
>| 
>| The portion immediately relevant for us is the amendments to Section
>| which shall come into force on the 1 st day of January, 2005. :
>| <quote>
>| 3. In section 3 of the principal Act, (a) in clause (d), for the
>| words new use , the words mere new use shall be substituted; (b) for
>| clause (k), the following clauses shall be substituted, namely:
>| 
>| (k) a computer programme per se other than its technical application
>| to industry or a combination with hardware;
>| 
>| (ka) a mathematical method or a business method or algorithms; .
>| </quote>
>| 
>| Provision (k) of Section 3 of the Patents Act, 1970 that deals with
>| what are *not* inventions, reads as follows "a mathematical or
>| business method or a computer program per se or algorithms;"
>| 
>| With effect from Jan 1, 2005, software in its "technical application
>| to industry" or software in "a combination with hardware" would
>| become patentable.  The words "technical application to industry" is
>| far too general, that could virtually include any software, besides
>| being vague and ambigious to say the least.  We should respond
>| appropriately, as soon as possible, to prevent these provisions from
>| being given effect to.
>`----
>
>"Software in combination with hardware" is generic too. It does not
>only include all embedded software, but also device drivers and 
>utilities. For example, a software application to manipulate faxes in
>combination with a fax modem card can be viewed as "software in
>combination with hardware". 
>
>As Ramanraj points out, other case is even worse. We can classify
>pretty much all software as industrial application.
>
>This makes me furious. 
>
>  
>

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