The THE PATENTS (AMENDMENT) ORDINANCE, 2004 is available online at http://lawmin.nic.in/Patents%20Amendment%20Ordinance%202004.pdf
The portion immediately relevant for us is the amendments to Section which shall come into force on the 1 st day of January, 2005. : <quote> 3. In section 3 of the principal Act, (a) in clause (d), for the words new use , the words mere new use shall be substituted; (b) for clause (k), the following clauses shall be substituted, namely:
(k) a computer programme per se other than its technical application to industry or a combination with hardware;
(ka) a mathematical method or a business method or algorithms; . </quote>
Provision (k) of Section 3 of the Patents Act, 1970 that deals with what are *not* inventions, reads as follows "a mathematical or business method or a computer program per se or algorithms;"
With effect from Jan 1, 2005, software in its "technical application to industry" or software in "a combination with hardware" would become patentable. The words "technical application to industry" is far too general, that could virtually include any software, besides being vague and ambigious to say the least. We should respond appropriately, as soon as possible, to prevent these provisions from being given effect to.