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India, like European Union, does not allow patents for inventions related to mathematical or business method or computer programme "per se" or algorithms.

CHAPTER II INVENTIONS NOT PATENTABLE

Though as per the Indian Patent Act, mathematical method, business method or computer programme per se are not allowed.

The proposed patent manual defines computer implemented invention as any invention the performance of which involves the use of computer, computer network or other programmable apparatus, or an invention one or more features which are realized wholly or partially by means of a computer programme/ programmes. Further, patent manual defines Computer programmes as a set of instructions for controlling a sequence of operations of a data processing system which closely resembles a mathematical method.

The patent manual has also broadly categorised inventions related to computer/ computer programmes as below:

(a) Method/process; (b) Apparatus/system; and (c) Computer program product

METHOD/PROCESS:

Further to make the invention patentable in India, the method claim should clearly define the steps involved in carrying out the invention and should have a technical character. hardware or software, for better clarity. The claim orienting towards a "process/method" should contain a hardware or machine limitation. Technical applicability of the software claimed as a process or method claim, is required to be defined in relation with the particular hardware components.

What is significant here is that patent office is not emphasising on embedment of hardware components in the method claims, as the only condition for patentability of method claims, but requires it as a machine/hardware limitation. Therefore the essential of method claims are:

As per the proposed patent manual the apparatus claim should clearly define the inventive constructional hardware features.

COMPUTER PROGRAM PRODUCT:

The proposed patent manual considers the claims relating to software programme product as nothing but computer programme per se simply expressed on a computer readable storage medium and as such are not allowable.

It creates an ambiguity as whether a patent shall be allowed where all criteria for method or process claims as required by patent office are met.

a) Must involve hardware components; b) Computer programmes should perform function of the hardware; and c) There should be interdependence between the software and hardware components

BUSINESS METHOD:

"Invention" means a new product or process involving an inventive step and capable of industrial application."

MATHEMATICAL METHOD:

Reference has been made to Vicom/Computer-related invention [1987] 1 OJEPO 14 (T208/84) wherein the invention concerned a mathematical method for manipulating data representing an image, leading to an enhanced digital image.

Computer Software ; Business Method Patents In India

Patent Right(Patent Act,1971 ; Patent Rules,2000)2. Industrial Design(Design Act,)3. So Patent means monopoly rights of inventor in respect of an invention.Geographical limits of the patent:-Patent is granted for a specific invention in a particular country in which an application is made for the same cause. What can be patented?Only inventions can be patented.Sec.2 (1) (j) defines invention as an invention means a new product or a new process involving an inventive step ; capable of industrial application. For e.g. If a person invents a new product or process ; unfortunately soon after that he dies then his legal heirs can or any person authorized by him before his death can apply for patent.Term ; date of patent:-Term of every patent will be from 20 years from the date of filling of patent application ; date of patent is the date on which the application for patent is filed, irrespective of the fact whether it is filed with provisional or complete application. Term of patent can't be extended beyond the specified term of patent. Where a patent application should be filed?The Indian Patent Office has its head office at Kolkata, which has three branch offices located at Mumbai, Chennai and Delhi. In case of an Indian applicant, the patent application must be filed at the patent office under whose jurisdiction the applicant's has his place of work, or place of residence or place where he conduct business from.For e.g. if an applicant provides a Chandigarh based address, the application must be filed at the Delhi Patent Office. Patent information centre provides information regarding the techniqulities ; procedure laid down by the government to get a patent. One can get all the information regarding the filing of the patent application ; further procedure up till the patent is not granted. Delay in making application for a patent involves certain risks.