Research Methodology & Ipr

RESEARCH METHODOLOGY
& IPR
ME Engineering Design
M Tech Data Science
ME Embedded System Technologies
ME Computer Science Engineering
ME Avionics
ME Communication Systems
M Tech Bio Technology
PG 23111
IPR & SOFTWARE BASED INVENTIONS
- UNIT V
- PG 23111
2023/12/22 UNIT IV 2 1
PATENTING IN COMPUTER SCIENCES
SOFTWARE
PROGRAMMES
2023/12/22 UNIT IV 3 21
SOFTWARE PATENTS
Operating Systems, File
Systems micro-blogging patents
Graphics and Windowing audio-video patents

Systems
Webpage and web service
Compilers and Simulators
patents
Cryptography and data
compression ,Multimedia XML patents
Word processors,
Spreadsheets Image processing patents
2023/12/22 UNIT IV 4 22
Software patents
§ "patent on any performance of a computer realized by means

of a computer program".
§ Patents granted to software programming techniques and

computer-implemented inventions are generally grouped under
the term software patents.
§ Only from 1981 in US software patents were allowed.
§ The patent was granted on August 17, 1966 in British for "A
Computer Arranged for the Automatic Solution of Linear
Programming Problems" (efficient memory management for
the simplex algorithm) FIRST SOFTWARE PATENT
2023/12/22 UNIT IV 5 23
SOFTWARE -INDIAN PATENT SCENARIO
AND ISSUES
§ Section: 3(k) a mathematical or business method or a computer program
or algorithms;
§ 3(m) a mere scheme or rule or method of performing mental act or method

of playing game;
§ software is different from other engineering and mechanical inventions.

§ Software technology is evolving much faster than other industries, the
period of protection is longer.
§ Softwares are intangibles and not protected by patents,
2023/12/22 UNIT IV 6 24
Software copyright law in India
§ Indian copyright act of 1957 is amended to extend its
coverage to computer software also. Computer programs
received statutory recognition as a `literary work'
§ India has one of the most modern copyright protection laws
in the world.
§ Major changes to Indian Copyright Law introduced in June

1994 include :
§ the definition of computer program,
§ explains the rights of copyright holder,
§ position on rentals of software,
§ the rights of the user to make backup copies, and
§ punishment and fines on infringement
2023/12/22 UNIT IV 7 25
Rights under copy right protection:
§ 1) To reproduce the work in any material form including the
storing of it in any medium by electronic means;
§ (2) To issue copies of the work to the public not being
copies already in circulation;
§ (3) To perform the work in public, or communicate it to the
public;
§ (4) To make any cinematographic film or sound recording in
respect of the work;
§ (5) To make any translation of the work;
§ (6) To make any adaptation of the work;
§ (7) To do, in relation to a translation or an adaptation of the
work any of the acts specified in relation to the work in the
above;
§ (8) To sell or give on commercial rental or offer for sale or
for commercial rental any copy of the computer program.
2023/12/22 UNIT IV 8 26
Patents V/s Copyright in software patents
§ Patent protection is much stronger whereas copyright protection is longer.

§ Patent law protects the functional elements. Copyright protects the form
in i.e. originality of expression
§ In case of patents if different code achieve same function then it violates

patent law.
§ Copyrights become effective the moment they are published whereas

patents need to be registered.
§ Copyrights last for authors’ life plus 60 years whereas patents are granted
for a period of 20 years in India.
2023/12/22 UNIT IV 9 27
Patents V/s Copyright in software patents
§ No need to patent the same inventive concept for every invention,

patenting once is enough. Whereas, copyright protection is effective for
that creation only and needs registration/ publishment for all the other
creations even though with same concept.
§ Patents provide much stronger protection to software.Development of

software using known algorithm or logic but using different language is is
a patent violation but not a copyright violation.
§ Under copyright laws, protection is available only to the form or

expression of an idea and not to the idea itself.
§ algorithms are mere ideas and cannot be protected under the copyright
law.
2023/12/22 UNIT IV 10 28
COMPUTER AIDED INVENTIONS/ FIELDS
§ e-commerce, e-gambling, e-banking, e-money,

e-publishing
§ Computer aided design, computer aided
management, computer aided monitoring,
computer aided education, computer aided
manufacturing,
2023/12/22 UNIT IV 11 29
PROVISIONAL
SPECIFICATION
COMPLETE
SPECIFICATION WITHIN 12 MONTHS
PROVISIONAL
FROM
SPECIFICATION
EARLY PUBLICATION
(OPTIONAL)
PUBLICATION AFTER 18 MONTHS

FROM PROVISIONAL
PRE GRANT
OPPOSITION IF ANY
REQUEST FOR WITHIN 48 MONTHS FROM

EXAMINATION THE PROVISIONAL
WITHIN 6 MONTHS FROM

THE DATE OF REQUEST WITHI 12 MONTHS
FROM THE FER
FIRST FURTHER
EXAMINATION RESPOND TO
EXAMINATION
REPORT OFFICE ACTION
REPORT
2023/12/22 UNIT IV 12 30
BSA Global Members
2023/12/22 UNIT IV 13
BSA Asia Regional Members
2023/12/22 UNIT IV 14
Software as Foundation
• Technology as key economic enabler
• ICT – software, hardware, services,
telecommunications
• Software as foundation
• Key to innovation
• Rapid development
• Software innovation is a driving force for
economic, social, and technological progress
2023/12/22 UNIT IV 15
Software Licensing Models
Open Source
◦ Source code usually provided royalty free
◦ Terms on redistribution, modification, addition stipulated, rather
than requirement for fee to be paid
Commercial Software
◦ Product sold or licensed to customer, In object code or executable
form, for a fee
◦ Source code may be made available to certain users through special
licensing or other arrangement, but not to general users
◦ Usually not to be copied or modified, except as provided in arrangement
2023/12/22 UNIT IV 16
INTELLECTUAL PROPERTY &
SOFTWARE
2023/12/22 UNIT IV 17
Software Models
Development Model
Business Model
Licensing Model
2023/12/22 UNIT IV 18
Software Development Models
Open Source
◦ Collaborative – different people, different places, no formal association –
contributing elements towards final software
◦ Not exclusively so today
◦ Large companies also release in-house applications to community
Commercial Software
◦ Usually developed by a commercial entity
◦ Internal teams, though maybe over large geographical area or even
international borders
2023/12/22 UNIT IV 19
Software Business Models
Open Source
◦ Not primarily on the software product
◦ Revenue model is on supporting services and hardware
◦ System integrators
Commercial Software
◦ Focus is on the product
◦ Revenue on customer buying products and its upgrades
◦ Motivation for customer to buy next version if it is more innovative
and has improved functionality
2023/12/22 UNIT IV 20
Software Licensing Models
Open Source
◦ Source code usually provided royalty free
◦ Terms on redistribution, modification, addition stipulated, rather
than requirement for fee to be paid
Commercial Software
◦ Product sold or licensed to customer, In object code or executable
form, for a fee
◦ Source code may be made available to certain users through special
licensing or other arrangement, but not to general users
◦ Usually not to be copied or modified, except as provided in arrangement
2023/12/22 UNIT IV 21
IPR and Software
Development
Both models rely on IPR protection
◦ Netfilter Project v Sitecom Germany GmbH case
Defendant used open source code within proprietary

solution
Plaintiff initiated action to ask defendant to disclose
proprietary solution
Plainitff had course of action because of copyright in code
◦ Could not initiate action in other instances because no copyright
2023/12/22 UNIT IV 22
The Debate
Is one software model superior to the other?
◦ Not inherently!
Customer needs and circumstances determine what advantages and

disadvantages are relevant and applicable
◦ No generic “truths” across the board
Strong IPR remains the foundation
2023/12/22 UNIT IV 23
Technical Issues
Cost
Security
Flexibility
2023/12/22 UNIT IV 24
Policy Issues
Software Piracy
Digital Divide
Domestic Software Industry Development
Competition
Sovereignty
2023/12/22 UNIT IV 25
Implications – Piracy
Not a solution to software piracy problem
◦ Software products not like other consumer-oriented commodity
products
◦ Different productivity gains; akin to engaging professional services
◦ Where piracy rates are high, lower cost of software does not deal
with lack of mindset to buy legitimate copies
◦ Buyers of computers loaded with open source obtain pirated copies
of commercial software to replace
◦ Both open source and commercial software predicated on strong
copyright protection
2023/12/22 UNIT IV 26
Implications – Piracy
Developer’s perspective
◦ Risk assessment on code base and code reuse
◦ Inadvertently use code subject to GPL?
◦ Risk of being sued by competitor
◦ Piracy of a different form
◦ Disregard of licensing terms
◦ Incorporation into commercial products
2023/12/22 UNIT IV 27
Implications – Developing
Local Software Industry
Developing the local software industry
◦ Different segments of software industry with different needs
◦ Products versus Services
◦ Tracking the reuse of software
◦ Effects up-stream and down-stream
◦ Financial viability
◦ Understanding Licensing and Limitations
2023/12/22 UNIT IV 28
Implications –
Competitiveness
Free market competition – drives innovation
◦ Greater efficiency, greater choice
Best product wins, not preferences

Distinguish inertia of change from lack of choice
2023/12/22 UNIT IV 29
Thank you
2023/12/22 UNIT IV 30

Research Methodology & Ipr

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RESEARCH METHODOLOGY

Graphics and Windowing audio-video patents

§ "patent on any performance of a computer realized by means

§ Patents granted to software programming techniques and

§ Only from 1981 in US software patents were allowed.

§ 3(m) a mere scheme or rule or method of performing mental act or method

§ software is different from other engineering and mechanical inventions.

§ Softwares are intangibles and not protected by patents,

§ Major changes to Indian Copyright Law introduced in June

§ Patent protection is much stronger whereas copyright protection is longer.

in i.e. originality of expression

§ In case of patents if different code achieve same function then it violates

§ Copyrights become effective the moment they are published whereas

§ No need to patent the same inventive concept for every invention,

§ Patents provide much stronger protection to software.Development of

§ Under copyright laws, protection is available only to the form or

§ e-commerce, e-gambling, e-banking, e-money,

PUBLICATION AFTER 18 MONTHS

REQUEST FOR WITHIN 48 MONTHS FROM

WITHIN 6 MONTHS FROM

Defendant used open source code within proprietary

Customer needs and circumstances determine what advantages and

Strong IPR remains the foundation

Best product wins, not preferences

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