Editing Software patent (section)

===India===
In [[India]], a clause to include software patents was quashed by the [[Indian Parliament]] in April 2005.<ref>{{cite web|url=http://www.financialexpress.com/news/software-patents-under-ordinance-face-reversal/82155|title=Software patents under Ordinance face reversal|publisher=Financialexpress.com|date=2005-03-29|access-date=2012-10-09}}</ref> However, following publication of the new guidelines on the examination of computer-related inventions on 19 February 2016, the Office of the Controller General of Patents, Designs and Trade marks accepts applications for software patents, as long as the software is claimed in conjunction with a novel hardware.<ref>{{Cite book|url=https://www.academia.edu/34244396|title=Software Patents and the Internet of Things in Europe, the United States and India (FULL TEXT)|first=PhD|last=Guido Noto La Diega|via=www.academia.edu}}</ref> On 30 June 2017, revised guidelines on the examination of computer related inventions were published. This 2017 guidelines provides clarity on patentability of software invention in India, i.e., the claimed computer-related invention needs to be ascertained whether it is of a technical nature involving technical advancement as compared to the existing knowledge or having economic significance or both, and is not subject to exclusion under Section 3 of the Patents Act.<ref>{{Cite web|url=http://www.ipindia.nic.in/writereaddata/Portal/Images/pdf/Revised__Guidelines_for_Examination_of_Computer-related_Inventions_CRI__.pdf|title=Guidelines for Examination of Computer Related Inventions (CRIs)|website=www.ipindia.nic.in}}</ref>
In 2019, the Court observed,

{{cquote|In today’s digital world, when most inventions are based on computer programs, it would be retrograde to argue that all such inventions would not be patentable. Innovation in the field of artificial intelligence, blockchain technologies and other digital products would be based on computer programs, however the same would not become nonpatentable inventions – simply for that reason. It is rare to see a product which is not based on a computer program. Whether they are cars and other automobiles, microwave ovens, washing machines, refrigerators, they all have some sort of computer programs in-built in them. Thus, the effect that such programs produce including in digital and electronic products is crucial in determining the test of patentability.}} 
Patent applications in these fields would have to be examined to see if they result in a “technical contribution”, it added. Further elaborating on the usage of the term ‘per se’ in Section 3(k), the Court said,

{{cquote|The words ‘per se’ were incorporated so as to ensure that genuine inventions which are developed, based on computer programs are not refused patents.<ref>{{cite news |last1=Aditi |first1=Singh |title=A computer program which makes 'technical contribution' patentable, not hit by Sec 3(k) of Patents Act |url=https://www.barandbench.com/news/a-computer-program-which-makes-technical-contribution-patentable-not-hit-by-sec-3k-of-patents-act |access-date=13 February 2020 |agency=Bar and Bench |date=29 December 2019}}</ref>}} 
With respect to the term per se, the joint parliamentary committee had expressed the following view:
{{cquote|In the new proposed clause (k) the words: “per se” have been inserted. This change has been proposed because sometimes the computer programme may include certain other things, ancillary thereto or developed thereon. The intention here is not to reject them for grant of patent if they are inventions. However, the computer programs as such are not intended to be granted patent. This amendment has been proposed to clarify the purpose.<ref>Parliament of India, Report of the Joint Committee on Patents (Second Amendment) Bill, 1999 (Rajya Sabha Secretariat 2001)</ref>}}