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CS Professional · Intellectual Property Rights - Law and Practice · Types of Intellectual Property

Nisha Technologies files an Indian patent application for a computer program per se that merely performs a mathematical calculation, with no technical effect beyond the program itself. Which statement is correct under the Patents Act, 1970?

The claim is excluded from patentability. The Patents Act, 1970 does not treat a computer programme per se, or a mathematical method or algorithm, as a patentable invention. Fees, expedited examination or the applicant's nationality cannot cure this, unless the claim shows a genuine technical contribution beyond the program itself.

  1. AThe claim is excluded from patentability as a computer programme per se and a mathematical methodCorrect
  2. BThe claim is patentable because every software with industrial use is an invention
  3. CThe claim is patentable if the fee for expedited examination is paid
  4. DThe claim is patentable only if filed by an Indian company

Explanation

The Act excludes mathematical or business methods and computer programmes per se, and algorithms, from the definition of patentable inventions. Paying fees or being an Indian company does not alter this. Only inventions with a technical contribution beyond the program as such can be considered.

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