ROUGH DRAFT

INTELLECTUTAL PROPERTY LAW

TOPIC: Patenting Software Related Inventions Trend in UK and US

Submitted to: Dr. Shaiwal Satyarthi

Faculty of Intellectual Property Law

Submitted by: Ankit Anand

Roll no: 917

Semester: 7th

BA L.L.B
INTRODUCTION
Patent system is essentially a system to introduce order in industrial production and
commercial activities by remunerating the inventor of product or process and assuring value
to the investment made in the entities used to manufacture those products. The patent system
conferred monopoly rights on the inventor for a limited time. These exclusive rights act as an
incentive or a reward, which is considered critical to encourage the stimulation of ideas
thereby leading to further advances. The conferment of patent right is justified from the
perspective of inventor and the public as well. From the perspective of inventor, these rights
act as an incentive for him to invent and encourage him to pool investment in working of his
invention simultaneously patent rights ensures the general public that the invention is
accessible to them in the form of patent information and the products useful to them. From
the prospect of software patenting, it is a rapidly growing industry that has positioned itself
within almost every other field of economic endeavour. For this reason, software patents
cause a lot of confusion in the technical and legal professions alike. The complexity and
misunderstanding associated with software patents can be attributed to softwares rapid
evolution from a scientific and mathematical calculator to a pervasive product that has leak
into almost every aspect of modern technology and life. As the software patenting is widely
accepted in US than any other jurisdiction, in this dissertation we will be discussing most law
and cases of software patenting which are originated from US.

AIMS AND OBJECTIVE

The main aim and objective of the researcher is to know about the patent scenario as regards
to software and problems to be encouraged. Also, about the trends followed in US and UK for
patenting inventions related to software.
RESEARCH METHODOLOGY
The researcher has adopted doctrinal method of research for the project as no feild work has
been done. Methodology followed in this topic is mix of both Historical Analysis and
Descriptive Methodology. Because Historical analysis gives an idea to trace the concept of
software patenting whereas the Descriptive methodology elaborate the trends followed in the
patent regime in different jurisdiction.

SOURCE OF DATA
The following secondary and primary sources of data have been used in the project are:
1 .Books
2. Websites
3. Articles

HYPOTHESIS
Patents are granted for inventions in all fields of technology which fulfill the criteria of
patentability, i.e., the invention should be new, non-obvious and industrially applicable
(useful). But the applicability of these criteria in the case of computer software has been a
debatable issue. The machine/computer under the influence of software may act in a 'novel'
manner. In such cases, software patents are granted by many countries.

TENTATIVE CHAPTERISATION
Introduction
Software Patents
Patent scenario as regards to software
Problems to be encouraged if patenting of software is allowed
conclusion