Origiin Newsletter July 2012

7/31/2019 Origiin Newsletter July 2012

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A monthly Newsletter on issues relating to Intellectual PropertyRights

JULY 2012 VOL. 2 ISSUE 14

Software: Patent or Copyright?

Santhoshi Basuthkar ([email protected])

India has become the favorite destination for many

multinational companies to establish and outsource

software development work. Large investments are

happening in the IT sector with the expectation ofbringing new technology and new product

development to the market. For anything to be new

there has to be an element of innovation involved in

it and thus securing innovation is of prime concern

today!

A Patent is a valuable tool in protecting an

innovation. Once the given technology has been

patented, the owner of the patent can enjoy

monopoly over the technology for 20 years. The

term Patent that was once more significant to the

scientific industry is slowly gaining prominence in

the software industry as well. One of the earliest

filed patents on software was filed as early on 1962,

on a British patent application entitled "A Computer

Arranged for the Automatic Solution of Linear

Programming Problems". The invention was

concerned with efficient memory management for

the simplex algorithm, and may be implemented by

purely software means. . The patent was granted

on August 17, 1966 and seems to be one of the first

Software Patent orCopyright?

Interesting Patentof the month

Patent news

Origiin LaunchesIPBytes!

Inside this Newsletter

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Copyright 2012, Origiin IP Solutions LLP


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The patentability of software-related inventions is currently

one of the most heated areas of debate. Software has

become patentable in recent years in most jurisdictions.

Software related inventions are patentable in US since 1982.

The only criterion is that the invention has to produce

useful, concrete and tangible result. In Europe and Japan,

the invention is patentable if it is sufficiently technical in

nature. In India, According to Section 3 (k) of Indian Patent

Act, a mathematical or business method and a computer

program per se or algorithms are not patentable. The term

per se means a computer program in isolation or standalone

software. For a computer program to be patentable in India,

it has to have a technical industrial applicability or should be

combined with hardware. The clause means that the

invention should contain something more than a computer

program to be eligible for a patent protection. An invention

in which the technological advance is nothing more than a

computer program is not patentable if the computer is

suitable for the particular purpose without special adoption

or modification of hardware or organization. However, an

invention that relates to a particular manner of organizing

the Central Processing Unit or other peripheral units,

regardless of whether the invention is implemented by

means of a program or special hardware facilities is

patentable.

Traditionally, softwares are protected by Copyrights. A

computer program is considered a set of statements or

instructions that are used in a computer to bring about a

certain result. Thus a computer program is considered as a

Editors

Santhoshi BasuthkarAnita Kalia

Websiteswww.origiin.comwww.origiinipa.com

Bloghttp://origiinipae.blogspot.comhttp://inventorshub.blogspot.com


Contact us

Origiin IP Solutions LLP

#51, MSHS, 15th Main,

Sector 4, HSR layout

Bangalore

+9198456 93459

+9198802 13204



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their owners the right to prevent others from using

a claimed invention, even if it was independently

developed and there was no copying involved.

Patents also protect the underlying methodology

embodied in creation of software, whereas

Copyright prevents only direct copying of software.

Given that Copyright protection is available for a

computer program, there is a debate in the

community on whether these programs also require

a Patent protection. Some of the critiques argue

that software industry being highly dynamic in

nature, monopoly of 20 years over such technology

is ludicrous. This kind of monopoly also works

against the open source system of computer

programs. However the benefits awarded by Patent

such that: it promotes research and development,

provides public disclosure of the invention and it

helps in boosting the economy of the small

companies who venture into developing new

software are some of the strong positives of having

a Patent over a software.

The awareness on the importance of software

patents in India is on the rise. Big Indian software

Giants who were filing Patents only in the USA are

now filing even in the Indian Patent office. The

nature of the software Patents not only involve

new operating systems and software also include

.

Interesting Patent of the Month!

A device for the treatment of Hiccups

United States Patent Application number: 10/684,114

Inventor: Phillip Charles Ehlinger JR

Publication number: US 2005/0080458 A1

Abstract: A device for the treatment of hiccups, and

more specifically, to a method and apparatus for the

treatment of hiccups involving galvanic stimulation of

the Superficial Phrenetic and Vagus nerves using an

electric current.

inventions that we use in day-to-day life such as

conversion of a TIFF into PDF, provision to have

multiple network providers on the same cell

phone, remote monitoring of data usage etc




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Patent News


Twitter Bird goes on adiet!

In April, Google released its free storage component referred to as Google Drive or "GDrive", to the public. GDrive

offers Google account holders access to store up to 5GB on its 'cloud'. On storing information on the cloud, a Google

user is able to access their stored items through multiple machines or other services provided online. However, in a

lawsuit filed this week SuperSpeed, a small company based out of Massachusetts, claims that the newly released

Google Drive infringes on its existing patent. SuperSpeed claims, "In this configuration, multiple computers can all

communicate with each other and can all access data from the same data storage device or devices, such as hard disks.

For example, a bank might have hundreds of computers as part of its network, some for employees handling customer

service calls, others for employees running credit checks for loan applications, and so forth. Each of these computers

needs access to the bank's customer's credit card records, which are stored on a series of hard disks." SuperSpeed is

seeking an injunction against Google for the infringing services as well as royalties. It is to be noted that SuperSpeed

has already won a patent infringement battle against Oracle. We will have to wait and watch it gets a similar with

Google!

GDrive needs a Pit stop!

Twitter has recently updated its Trademark, Blue bird logo by giving a new look! The bird is crafted

purely from three sets of overlapping circles - similar to how networks, interests, and ideas connect

and intersect with peers and friends. The main differences in Twitter's logo appear to be the

following: the new bird appears to be leaner, the tuft on the top of the birds head is no longer there,

the new bird is looking up rather than straight ahead, the wing of the bird is facing upward rather

than downward, and the color blue is a darker shade.

Just as many consumers can immediately recognize popular logos such as the Nike swoosh, the

golden arches of McDonald's, and the Microsoft Windows logo, Twitter is assured that its blue bird

logo will be among this list as one of the most recognizable icons!



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Origiin IP Solutions LLP, Bangalore launches Indias first IP sensitization

program IP Bytes! It is specially designed for software/IT industry, in order to help

them understand critical IP issues such as securing and handling confidential

information data securit know-how and trade-secrets of the com an .

Our Speakers

How to register?

To register please send email [email protected]

OR Call us on9880213204 or 9845693459

Expert Speaks!

IPR as a topic is not given its due importance and is assessed only in terms of number of patent

applications filed. Data security and Confidentiality are one of the prime concerns in outsourcing

model. Every industry today is facing a tough challenge to protect confidential information, know-

how and trade secret

- Sabapathy, COO, Cymfony

"Sensitization for IP would fetch more confidence from the clients, ensure disclosure of ideas from

employees, make them understand their liabilities and create a conducive environment for

innovation."-Dr S Rama Murthy, Professor & Head, Knowledge Management, Centre for Emerging

Technologies, Jain University, Bangalore and Scientific adviser Indian Patent Office

Who shall attend?

Technical team, Delivery managers, Account managers responsible for customer delivery, COEpersonnel responsible for propriety IP, legal team, tools group and risk officers.

mailto:[email protected]:[email protected]:[email protected]:[email protected]

Documents

Origiin Newsletter July 2012