Are you in favour of patenting a computer program?

[Editor]

In a move to make amendments to the Indian Patents Act, it is being proposed that all the computer programs shall be patented.

To begin with, let us be clear about what does patenting a software program means in layman’s language. To put it simply, it would mean the control over the very idea of the software code. Thus it would prevent a software developer to even get inspired by some other work in the same field. Writing a fresh code with a similar idea used by someone else would lead to infringement or violating the rules. To understand it clearly, consider a different context, where an ad-maker thinks of ‘casting a celebrity’ in his ad to promote a new product. Patenting the idea in this case would mean that no other ad-film maker could take inspiration from him and cannot make an ad on the same lines. However, such a thing is not applicable to the ad world and as a result you are bombarded with the ads, which are similar conceptually.

Patenting of a software program is for sure quite debatable in the Indian context because India is a booming software nation and this could have serious repercussions on the IT industry. The chief concern in this regard is that this move will adversely affect the interests of the small software companies. It is supposed to kill innovations, as small software developers will be liable to patent infringements. These players will have a hard time as they also do not have the finances to compete with the dominant players in the market.

My gutfeel on the issue is that India needs some more time to reap the benefits of the software industry boom before implementation of the modified Indian Patent Act. In countries like European Union, there has been widespread protest, which forced the Parliament to defer the patenting idea itself. As off now, only two countries, the US and Japan have patents for software, which has adversely affected small-time developers. Therefore, India should think over the pros and cons before jumping the bandwagon.

What is your opinion on the issue? Do you favour patenting of software? Do express your comments.

[Aditi77_k]

I don't think patenting the idea of the software program will be a nice idea

Though i am not inthis field but in the safe interest of small companies, the Indian govt should consider it before it hits them hard.

There are other options such as copyrights which can be used