A Possible Indian Response to Software and Business Method Patenting

Abstract

US courts have granted patents in software, internet-based business and on business methods. Such grants have serious consequences on both Indian and global business, and on the current potential and future status of competition and inventions. Often the courts or the patent offices overlooked existence of prior arts, or else granted patents with such very wide scope as would surely curb inventive and competitive activities. Issuance of IPR in these areas appears to be clearly headed for a new industrial organization and for a thorough dismantling of current industrial organization. In view of this, interested agents from India including its software companies, its patent office and its government must initiate representation to the USPTO on the existence of prior arts, to the US courts on the injuries to inventiveness and to competition that such grants might bring. The introduction of a jury system with both patent office and the courts are suggested where the competitors to a claimed patent

can be represented. Indian government must also bring these issues to the TRIPS rounds and to the WIPO. A jury system and a harmonized examination system should be part of the new negotiations at the TRIPS.