Centre says no to software patenting

Kochi: In a major boost to the free software campaigners, the Union government has decided to keep in abeyance the guidelines for examination of computer-related inventions (CRIs), a law against software patenting, in view of the protests from various quarters.

Several organisations, including Kerala-based activists for free software, had complained to the government against software patenting.

The  order issued by the office of the controller-general patents, designs and trade marks said,  “in view of several representations received regarding interpretation and scope of section 3(k) of the Patents Act 1970, the guidelines of CRIs issued on August 21 are kept in abeyance.”

As per  section 3(k),  a mathematical or business method or a computer programme per se or algorithms are not considered as inventions. Activists argued that the 2015 guidelines defeat the  purpose and open a Pandora's box of potential harm to Indian industry. Such a step will invariably stifle innovation and weaken the government's  ‘Make in India’ initiative, they said.

They  argued that the software is well- protected with copyright law.  “We are happy that the government understood the issues with guidelines and kept them in abeyance till discussions with stakeholders are completed and contentious issues are resolved,” said Anivar Aravind, executive director of Indic Project, a non-profit organisation.  “What we want is Indian startups focusing on software innovation,”  he added.

Some of the major organisations had fought against the central  rule,  including Free Software Movement of India, Alternative Law Forum, Centre for Internet & Society, Bangalore, Democratic Association for Knowledge Freedom, Digital Empowerment Foundation and the Kerala-based Swathanthra Malayalam Computing.