The Patent office on 21st August, 2015 adopted a new set of guidelines for computer Related Inventions. The details of the changes that were brought can be found here. The guidelines were subject of intense debate and several representations were made to the concerned ministry and Controller General of Patents and Trademarks (CG) both for and against the guidelines. The CG in a dramatic development issued a notification dated 14th December, 2015 keeping the guidelines in abeyance until contentions issues are resolved after discussion with stakeholders. One wonders what changed in 4 months that CG decided to recall his own notification implementing the new guidelines with immediate effect.
Multinational companies have long argued for patent protection for software in India. But several industry lobbies argue against it on the ground that software patents have no defined boundaries, and would only embroil companies in expensive litigation and stifle innovation. The short to medium term impact of keeping the guidelines in abeyance would mean further delay in examination of pending patent applications.
