International patent application on computer software
brijesh tiwari
(Querist) 21 January 2015
This query is : Resolved
what is the process of filing international application on computer software? if it is not patent able in Indian then why it is necessary to take permission from controller u/s 39 of Indian patent act 1970? what is purpose of section 39?
Guest
(Expert) 21 January 2015
A student's academic query. Better take help of your class teacher for solution.
brijesh tiwari
(Querist) 22 January 2015
Respected seniors i know this is academic query but my Clint is running business in India and his company is subsidiary company of a US company.He want to patent his software at international level so that he can sell his software in international market.
now my question was if there is no need to patent computer software in India then why we have to take permission from controller u/s 39?
why govt give extra burden to the patent officer.?
is there any way to approach international patent office without taking permission of controller u/S 39 ?
Guest
(Expert) 22 January 2015
Mr. Brijesh Tiwari,
So, as a student, you also have clients that too belonging to a US company and its subsiary! Nice to know that!
However, your justification is quite indigestible when you say, "my Clint is running business in India and his company is subsidiary company of a US company.He want to patent his software at international level so that he can sell his software in international market."
At least you could have known that any multinational company do not hire services of law students. They have their fulfledged legal departments of their own to tackle even major and complex issues, what to say of such a very minor issue, which you have tried to presented before the experts, saying to belong to a subsidiary of an MNC.
Even if that belongs to any of your so-called client, as a student, you could have taken it as a test to solve the riddle where and why there is any blockade to pass through normal legal process.
brijesh tiwari
(Querist) 22 January 2015
Thank you sir for your such a wonderful advice.
but the matter was the one of my friend is working in that company and he face this problem and later he share this with me. Being a lawyer i gave him my opinion. when i thought on this process then i was a bit confused. i asked this question to my teachers in law faculty D.U. they were unable to give the exact answer. So i asked this question before best expert of India.
Still i am a bit confused over section 39 of Indian patent law 1970. why they need an application minimum 6 week prior to an international application.? for security purpose or what?
thank you Dhingra sir for your valuable time and wonderful advice.
Guest
(Expert) 22 January 2015
Mr. Brijesh,
Your changed justification still has no logic. Your friend could well have asked from the legal department of his company to solve his problem.
Further, it is also unbelievable if you state, "teachers in law faculty D.U. were unable to give the exact answer." In other words, you declare them unfit for teaching law to the students of a reputed university.
