Origiin Newsletter July 2012
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Transcript of Origiin Newsletter July 2012
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7/31/2019 Origiin Newsletter July 2012
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A monthly Newsletter on issues relating to Intellectual PropertyRights
JULY 2012 VOL. 2 ISSUE 14
Software: Patent or Copyright?
Santhoshi Basuthkar ([email protected])
India has become the favorite destination for many
multinational companies to establish and outsource
software development work. Large investments are
happening in the IT sector with the expectation ofbringing new technology and new product
development to the market. For anything to be new
there has to be an element of innovation involved in
it and thus securing innovation is of prime concern
today!
A Patent is a valuable tool in protecting an
innovation. Once the given technology has been
patented, the owner of the patent can enjoy
monopoly over the technology for 20 years. The
term Patent that was once more significant to the
scientific industry is slowly gaining prominence in
the software industry as well. One of the earliest
filed patents on software was filed as early on 1962,
on a British patent application entitled "A Computer
Arranged for the Automatic Solution of Linear
Programming Problems". The invention was
concerned with efficient memory management for
the simplex algorithm, and may be implemented by
purely software means. . The patent was granted
on August 17, 1966 and seems to be one of the first
Software Patent orCopyright?
Interesting Patentof the month
Patent news
Origiin LaunchesIPBytes!
Inside this Newsletter
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Copyright 2012, Origiin IP Solutions LLP
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The patentability of software-related inventions is currently
one of the most heated areas of debate. Software has
become patentable in recent years in most jurisdictions.
Software related inventions are patentable in US since 1982.
The only criterion is that the invention has to produce
useful, concrete and tangible result. In Europe and Japan,
the invention is patentable if it is sufficiently technical in
nature. In India, According to Section 3 (k) of Indian Patent
Act, a mathematical or business method and a computer
program per se or algorithms are not patentable. The term
per se means a computer program in isolation or standalone
software. For a computer program to be patentable in India,
it has to have a technical industrial applicability or should be
combined with hardware. The clause means that the
invention should contain something more than a computer
program to be eligible for a patent protection. An invention
in which the technological advance is nothing more than a
computer program is not patentable if the computer is
suitable for the particular purpose without special adoption
or modification of hardware or organization. However, an
invention that relates to a particular manner of organizing
the Central Processing Unit or other peripheral units,
regardless of whether the invention is implemented by
means of a program or special hardware facilities is
patentable.
Traditionally, softwares are protected by Copyrights. A
computer program is considered a set of statements or
instructions that are used in a computer to bring about a
certain result. Thus a computer program is considered as a
Editors
Santhoshi BasuthkarAnita Kalia
Websiteswww.origiin.comwww.origiinipa.com
Bloghttp://origiinipae.blogspot.comhttp://inventorshub.blogspot.com
JULY 2012 VOL. 2 ISSUE 14
Contact us
Origiin IP Solutions LLP
#51, MSHS, 15th Main,
Sector 4, HSR layout
Bangalore
+9198456 93459
+9198802 13204
Copyright 2012, Origiin IP Solutions LLP
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their owners the right to prevent others from using
a claimed invention, even if it was independently
developed and there was no copying involved.
Patents also protect the underlying methodology
embodied in creation of software, whereas
Copyright prevents only direct copying of software.
Given that Copyright protection is available for a
computer program, there is a debate in the
community on whether these programs also require
a Patent protection. Some of the critiques argue
that software industry being highly dynamic in
nature, monopoly of 20 years over such technology
is ludicrous. This kind of monopoly also works
against the open source system of computer
programs. However the benefits awarded by Patent
such that: it promotes research and development,
provides public disclosure of the invention and it
helps in boosting the economy of the small
companies who venture into developing new
software are some of the strong positives of having
a Patent over a software.
The awareness on the importance of software
patents in India is on the rise. Big Indian software
Giants who were filing Patents only in the USA are
now filing even in the Indian Patent office. The
nature of the software Patents not only involve
new operating systems and software also include
.
Interesting Patent of the Month!
A device for the treatment of Hiccups
United States Patent Application number: 10/684,114
Inventor: Phillip Charles Ehlinger JR
Publication number: US 2005/0080458 A1
Abstract: A device for the treatment of hiccups, and
more specifically, to a method and apparatus for the
treatment of hiccups involving galvanic stimulation of
the Superficial Phrenetic and Vagus nerves using an
electric current.
inventions that we use in day-to-day life such as
conversion of a TIFF into PDF, provision to have
multiple network providers on the same cell
phone, remote monitoring of data usage etc
JULY 2012 VOL. 2 ISSUE 14
Copyright 2012, Origiin IP Solutions LLP
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Patent News
JULY 2012 VOL. 2 ISSUE 14
Twitter Bird goes on adiet!
In April, Google released its free storage component referred to as Google Drive or "GDrive", to the public. GDrive
offers Google account holders access to store up to 5GB on its 'cloud'. On storing information on the cloud, a Google
user is able to access their stored items through multiple machines or other services provided online. However, in a
lawsuit filed this week SuperSpeed, a small company based out of Massachusetts, claims that the newly released
Google Drive infringes on its existing patent. SuperSpeed claims, "In this configuration, multiple computers can all
communicate with each other and can all access data from the same data storage device or devices, such as hard disks.
For example, a bank might have hundreds of computers as part of its network, some for employees handling customer
service calls, others for employees running credit checks for loan applications, and so forth. Each of these computers
needs access to the bank's customer's credit card records, which are stored on a series of hard disks." SuperSpeed is
seeking an injunction against Google for the infringing services as well as royalties. It is to be noted that SuperSpeed
has already won a patent infringement battle against Oracle. We will have to wait and watch it gets a similar with
Google!
GDrive needs a Pit stop!
Twitter has recently updated its Trademark, Blue bird logo by giving a new look! The bird is crafted
purely from three sets of overlapping circles - similar to how networks, interests, and ideas connect
and intersect with peers and friends. The main differences in Twitter's logo appear to be the
following: the new bird appears to be leaner, the tuft on the top of the birds head is no longer there,
the new bird is looking up rather than straight ahead, the wing of the bird is facing upward rather
than downward, and the color blue is a darker shade.
Just as many consumers can immediately recognize popular logos such as the Nike swoosh, the
golden arches of McDonald's, and the Microsoft Windows logo, Twitter is assured that its blue bird
logo will be among this list as one of the most recognizable icons!
Copyright 2012, Origiin IP Solutions LLP
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JULY 2012 VOL. 2 ISSUE 14
Origiin IP Solutions LLP, Bangalore launches Indias first IP sensitization
program IP Bytes! It is specially designed for software/IT industry, in order to help
them understand critical IP issues such as securing and handling confidential
information data securit know-how and trade-secrets of the com an .
Our Speakers
How to register?
To register please send email [email protected]
OR Call us on9880213204 or 9845693459
Expert Speaks!
IPR as a topic is not given its due importance and is assessed only in terms of number of patent
applications filed. Data security and Confidentiality are one of the prime concerns in outsourcing
model. Every industry today is facing a tough challenge to protect confidential information, know-
how and trade secret
- Sabapathy, COO, Cymfony
"Sensitization for IP would fetch more confidence from the clients, ensure disclosure of ideas from
employees, make them understand their liabilities and create a conducive environment for
innovation."-Dr S Rama Murthy, Professor & Head, Knowledge Management, Centre for Emerging
Technologies, Jain University, Bangalore and Scientific adviser Indian Patent Office
Who shall attend?
Technical team, Delivery managers, Account managers responsible for customer delivery, COEpersonnel responsible for propriety IP, legal team, tools group and risk officers.
Copyright 2012, Origiin IP Solutions LLP
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