Patents in India needs a culture of investment in software innovation, says BSA

BSA |The Software Alliance, advocate for the global software industry before governments and in the international marketplace, supports the objectives of important initiatives like Digital India and Start-up India, depend on harnessing the power of innovation to achieve their goals and concerned with the current CRI policy.

"The 2016 revised patent examination guidelines for computer-related inventions will prevent many software-enabled inventions from receiving patent protection in India because they require novel hardware - rather than the demonstration of a novel technical effect,", BSA Senior Director, Policy, Jared Ragland said.

The ability to make existing hardware do new and important things is at the heart of the software revolution. Rejecting CRI patent applications as per the current guidelines will harm innovation in India, is contrary to the Patent Act, 1970, and is also inconsistent with India's international obligations and international practices. In their current form, the 2016 CRI guidelines will impede India's ability to innovate and nurture its technology industry and will discourage economic development and foreign direct investment.

"The patents framework in India needs to encourage a culture of investment in software innovation by ensuring appropriate legal protections. Startups in India can significantly benefit from patent protection for computer-related inventions, as this allows innovators to protect their creations from unfair competition and can provide needed revenue streams through investment and licensing," he added.

BSA appreciates the Government of India's openness to reconsider its current position on CRI patentability. This will encourage innovation and allow entrepreneurs to protect and capitalize on their inventions, which will have a positive impact on the Indian economy.