Software Patent: Discussion Still In ConsiderationSoftware patent is not a term which has an exact definition, however; there is one definition which is given by the Foundation for a Free Information Infrastructure, which states, software patent to be a patent that is given on the computer performance in reference to the computer programs. There has been a great discussion on the issuing the software patent. The debate comprises of few important points like:- 1) Application of Patent law to computer software 2) If software is an innovation or invention useful for whole humanity 3) Software innovation is an innovation in itself. There have been software patents for people who invented computer software earlier. In 1962, an application named "A Computer Arranged for the Automatic Solution of Linear Programming Problems" was filed in Britain. This application was filed for invention of memory management which was basically for the function of simplex algorithm which could be implemented through software installation only. This software patent application was accepted in the year 1966 on 17 august. This was the first software patent application. According to the United States Patent and Trademark Office, software is still not a patentable innovation because according to the law, patent are granted for processes, manufactured articles, machines and the matter composition discovered/innovated. Also according the law, patents are not granted for scientific truths and mathematical expressions which is actually the base of software engineering and so software fundamentals cannot be patented and so the software. There is a diverse opinion about software being patentable and so does the software patent rights which are applicable in some states while some still hold it as dubious discussion. Japan is one those countries which considers software as patentable while in India, the clause for software patent was declared invalid in the year 2005, in Australia as well the software patent has strict guidelines which states software to be patentable only if it is useful in applications of other fields rather than improving only business methods. Patent is said to be a patent or in other words any innovation or invention is designated as patentable only if the innovation of the sort initiates further inventions and discovery in that field which means, taking that particular field to new heights and so if any invention is backed by improvising business methods, it is not considered to be patentable. In United Kingdom, certain patents are granted for software because they were inventions which improvised upon the industrial process rather than only a single business method. Patents are an introduction of exclusive rights over any innovation or discovery to encourage as well as appreciate the contribution of individual or group of individuals in the field of art, science and technology, archeology and many other fields. Patent law has levels of incentive for the inventor, discoverer, investors and improvisations engineered in the ancient inventions. These incentives come under the account of patent laws which is called as exclusive rights of ownership for such inventions and discoveries in which software patent is not completely included, and for which the debate still goes on. |