Since most of the energy is used for air-conditioning public areas like schools, colleges, offices and malls, innovators are now coming up with better ideas to cool down these places without using electricity, or at least to use less electricity. Hence, they are using different natural resources like ice that can help to cool down these places. The Ice Cooling Technology is relatively new but it is definitely working as ice can be formed from water and then the chiller gradually passes over the cool air to different parts of the building which would make them feel comfortable and it works better than air conditioners.

Beginning, I would allege that Mac Wonder share DVD Ripper is the better DVD Ripper as Mac that I accept ever used. Those installs like a charm and illusion works. It has interface are very bare, and even whenever you are a new Mac exploiter, you could empathies and use this Mac DVD Ripper easy. Everything you ask to act is run the package, and select chapters to imitate to DVD. And so select the format by the output profile, adjust the output booklet and start copying the film from the DVD. The descent rate is identical good and the better software I have tried. The conversion is fast and you could sync your iPod via iTunes and transfer your pictures to your iPod with ease.

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CNet’s Download.com is one of the world’s top places to go for downloading computer software off the Internet. They have different types of software on this site. These programs include developer tools, web browsers, spyware and virus protection programs and drivers for hardware programs. Some fun software, like screensavers or games, can be found on Download.com too.

One of the best things about Download.com is that of the variety of software it has for downloading. This includes freeware and shareware as well as products that are active for only a certain amount of time. Reviews of products from CNet writers and users are also available so that it can be easier to find the right download. This is considered to be a top rated site on the Internet. You can also add your products to the website if you have something to offer people.

ZDNet also has one of the top locations for downloading computer software off the Internet. This site is located at downloads.zdnet.com. Windows and Macintosh programs are available along with software development software for security, optimization and debugging. Shareware and trial software are the most common programs that can be found here. Mobile phone programs are available for download too.

Another place for downloading computer software off the Internet is Computer Hope. Located at computerhope.com, this site features information on how to use computer programs and on how to make computing easier for anyone. Various programs are available for downloading on the site, including program drivers and assorted freeware programs. The products that they offer are intended to help make your computing experience easier.

Private Label Rights Articles (PLR) are a fantastic way to add new content to your website  http://www.Free-Plr-Article.com

GoLoads, which is at goloads.com, is another of the places for downloading computer software off the Internet. Many of the programs that are available here are multimedia programs. These programs include audio editing software, media conversion software and video editing programs. While many of the programs featured here for download are entertainment programs, there are some other great options to look into as well. This includes email tools and office programs.

Many different formats are supported on GoLoads. Windows, Macintosh and Linux operating systems have programs available for download on the site. Pocket PC files are also available. This is indeed one of the best sites to visit for anyone because of the amount of software for different operating systems.

Speed-up-computer software to the rescue.

Like I said, I was ready to throw in the towel and get a new one, but then there was the huge pain of migrating all of my data and applications to the new PC which can be costly in itself.  Then my techie friend, Tony, suggested that I try speed-up-computer software.  Being cheap I tried to download freeware to cure my old ailing PC.  I have to admit that to some extent they worked, but my PC was far from speedy and those strange windows that were left on my screen after I closed my browser were still appearing.  I later learned these were called pop-unders.

Speed-up-computer software the spy killer.

These pop-unders were a result of software that had been installed on my computer without my knowledge.  In fact, I learned that a lot of my problems stemmed from my PC being loaded with these junk software programs that were trying to get me to buy things.  They are called spy-ware due to the fact that they are used to spy on your surfing habits. Speed-up-computer software can find these programs and eliminate them.

The Registry

This mysterious data base is on all PC,s and as Tony explained to me it is the computers reference guide.  It tells the computer where things are located on the hard-drive and how to access it.  As time goes by the little errors occur in the registry and they build up like soap scum does in your shower.  If you don’t clean up the errors they will slow down your PC and you will experience those strange freeze ups and even eventually your computer can crash for good.

Hands Off

Tony warned me to stay away from my registry unless I knew exactly what I was doing.  He said a mistake there could take my PC out for good. Speed-up-computer software on the other hand could do this job safely.  Finally I decided on a paid package and after installing it I gave it a whirl.

First the speed-up-computer software scanned my hard drive which took about 5 minutes and then it reported the errors and boy was there a boat load.  I was able to instruct the software to fix everything with just a click of my mouse.  The speed-up-computer software got busy and within a few minutes more reported that all errors were fixed.

Speed-up-computer software results

I don;t know what you will experience, but I was amazed at my PC.  I kept checking to make sure someone hadn’t swapped my old PC out for a new one when I wasn’t looking. Now I and my PC are happy together once again and the speed-up-computer software is quietly working away in the background to keep my PC healthy.

Numerous magazines have computer software ratings and reviews. PC World is one of the top magazines that offer computer software ratings and reviews. This includes reviews of new software products and services that are available for people to use.

PC Magazine is another of the top magazines that have reviews. This includes reviews of new products, including business and entertainment software. It also features question and answer segments regarding the software that is on the market and what people are going to be interested in when looking for computer software.

For Macintosh users Macworld is a great magazine to use for computer software ratings and reviews. This features information on Apple products for the computer and software that is exclusively for use on the Apple platform.

Some other magazines that are available will have computer software ratings and reviews for specific groups of people like businesses. For instance, Computerworld has reviews of software for information technology computers. In addition, Games for Windows and PC Gamer are popular magazines for game reviews.

Various online places can be used for finding computer software ratings and reviews. EWeek, which is located at eweek.com, has full online information on all sorts of different programs. This includes operating systems and major programs that can be used for businesses. This is an online magazine that is more for the business needs that people have with computers.

Smart Computing is another of the computer software ratings and reviews sites out there. This includes software for operating systems, networking, audio and video programs and security programs. Assorted types of software are available for reviews on this site. This includes utility programs, entertainment and game software and graphic design programs. This is a website that definitely caters to all sorts of different computer users. Smart Computing can be found online at smartcomputing.com.

There are review sites for businesses outside of the United States too. ITWorld Canada features plenty of computer software ratings and reviews that are for software programs in the information technology world. Located at itworldcanada.com, this site is generally catered towards businesses throughout Canada but the software that is reviewed will be available in countries outside of Canada, including the United States and the United Kingdom. Among the software programs reviewed here include infrastructure programs.

Some of the places for computer software ratings and reviews that have magazines available for sale will also have reviews of products online. PC World’s website, which is located at pcworld.com, has computer software ratings and reviews available to read. Of course, magazines that have websites may not necessarily have all of the reviews that are included in the magazine online.

These are all places to go for computer software ratings and reviews. Not only will they have information on the best and worst of computer software but also they will have information for all sorts of types of software. Be sure to look for one of these sites online or to look for one of these magazines that have reviews at a magazine store.

Are you looking for full-featured and easy-to-use software that will allow you to upload music, videos, pictures and podcasts from your iPod to iTunes quickly and easily? If so, it is important to remember that all iPod data transfer software on the market today does this however many products do not allow you to upload data from your computer to your iPod or iPhone, or support the most recent iPod and iPhone models. These particular features seem to be a dividing line of sorts between the less expensive and more expensive products out there, namely that the less expensive mono- transfer capability products and the slightly more expensive products that support dual computer to iPod and iPod to computer data transfer and support all iPod and iPhone models. The following is a brief summary of user experiences and general analysis of some of the more popular iPod transfer software offerings currently available for purchase.

1. iPod to Computer Transfer 5.3: iPod to Computer Transfer performs the data transfer from your iPod to your computer seamlessly for music and videos although some users have reported problems with transferring games. Other users feel that the upgrade process is not clearly discernable and some have reservations about the look and feel of the software itself, but all in all, iPod to Computer Transfer 5.3 performs the tasks it claims to do efficiently, and is priced in the 20 dollar category of iPod one-way transfer software offerings, although it is unclear if all data can be transferred with this software, not just music and videos. This product has a free trial download available on cnet and zdnet or on their website.

2. MediaWidget Easy iPod Transfer 4.0.16: MediaWidget is one of these iPod transfer software products in the 25 dollar range that has dual iPod to computer and computer to iPod transfer capability. According to users, MediaWidget excels with an intelligently organized and comprehensive array of features, although some would like to have more tutorials available to learn how to use all these features!

MediaWidget gets great reviews for its ability to perform dual transfer tasks seamlessly and for its attractive design, although one user did report having problems with transferring playlists in lieu of individual songs, although other users reported being able to transfer playlists without incident. All in all, MediaWidget gets rave reviews for its full-featured functionality and easy-to-use layout. MediaWidget would be a good fit for the iPod or iPhone user who has experience in using this kind of software and is looking for a more comprehensive iPod software transfer utility. A free trial download is available for this product on the Bootstrap Development website or on cNet or ZDnet, among others.

4. 4Media iPod to PC Transfer 2.1.33.0522: 4Media iPod to PC Transfer is priced in the 25 dollar range like MediaWidget and iPod Rip but interestingly enough does not have dual transfer capability like those products do and is therefore questionable how the price can be justified without this added functionality. However, users report that this software does what it says it can do with relatively few problems. It also has a free trial download available on the 4Media website or on the major software download sites.

5. Tansee iPod Transfer 3.3: Tansee iPod Transfer is competitively priced in the 20 dollar range with similar iPod to computer transfer only software products in this category. This particular product above all others reviewed here received numerous complaints about mainly two things: first, many users reported that this product does not install properly or crashes when being installed on a second iPod or iPhone and second, their customer service left much to be desired as far as finding a solution to a problem is concerned.

Other users reported that it could not transfer meta data such as volume adjustments, manual song titles and playlists – just individual songs and videos only. In sum, given the numerous yet-to-be-resolved issues with this product, it is recommended that you at least compare other products by using the free trial download before purchasing this one.

6. iPod Robot iPod to Computer Transfer 4.5: iPod Robot iPod to Computer Transfer software is priced in the 20 dollar range and offers single transfer capability along with similarly priced competing products out there. Many users report liking the clean and crisp layout of the software and say that this software does what it says it can do without incident. In sum, its our feeling that this product is a solid choice for the more entry-level user who is looking for a quick, easy and more cost-effective way to transfer data from their iPod to iTunes. The only limitation we could find was that there is a 7 day trial download only – available o n the iPodRobot website or on the major software download sites.

7. iPodAid iPod To Computer Transfer 5.7.2: iPodAid iPod To Computer Transfer is another one of these more basic features offerings that is priced at the lower end of the spectrum at around 20 dollars. It has a somewhat hard to read user interface with grey text over a black background. Users have indicated that the trial version, available for download on the major software download sites as well as the iPod Aid website, only allows you to transfer one song before requiring you to upgrade to the paid “Pro” version – beware! 8. iPod to computer copy 2.3: iPod to computer copy, the highest priced product on this list at 30 dollars, is a stretch considering that it only supports single iPod to computer data transfer. Users consider the software to perform capably with regard to transferring all types of files, however. It also has a free trial download available on the Tansee website and other major software download sites.

9. Cucusoft iPod/iPhone/iTouch to Computer Transfer: This is another full-featured offering with dual transfer capability and supporting all iPod and iPhone models. It is also the highest-priced product reviewed here at around 30 dollars. Most users report liking the full-featured functionality of this product, namely photo transfer, multiple languages (English, Spanish, Deutsch, Japanese, Chinese and more) and auto-search functionality. Ease of use is also among the accolades. All in all, this product has as much functionality as any of the other full-featured offerings reviewed here: MediaWidget , Anapod Explorer and iPod Rip, but is priced in the 30 dollar range along with Anapod Explorer.

10. Red Chair Anapod Explorer Universal Edition: As mentioned above in the Cucusoft review, the Anapod Explorer Universal Edition has dual-transfer and playlist and photo transfer capability and works with all iPod models There are also 4 other iPod model-specific versions of this software available: the iPod Shuffle Edition, iPod Nano Edition and iPod Mini Edition which work for their particular models only, however there is no iPhone support for any of these versions.

Users like the easy to use drag and drop interface, free lifetime upgrades and multiple devices support although there are mixed reviews about how responsive and effective their tech support is. Others have reservations about the instillation process as you first need to buy the software, download and install the program, click a link to send in an electronic token and then click on the installation code link in an email that will let you fully activate the product. There is also no Mac version for this software, interestingly enough. The bottom line for Anapod Explorer Universal Edition is that it performs all iPod data transfer tasks capably but has no iPhone support and at 30 dollars is a little pricey given the deficiencies.

Taking advantage of the free trial downloads that most of the iPod to computer software manufacturers offer on the above software download websites is a great way to help you decide which iPod transfer software is right for you. However, it is important to remember that if you elect to purchase one of the iPod to computer software offerings with features such as the ability to upload data to your iPod or iPhone from your computer, multi-model and computer functionality and multiple file format transfer capability means you may lose your iPod data altogether in the case of loss, theft or an operating system reinstall or find that your software does little more than the free iTunes can.

Or in other words, you may eventually find the need to purchase a more full-featured iPod to computer data transfer software package that has this functionality. Upon closer examination, it’s our view that it is well worth the extra few dollars to have this added functionality, both as a safeguard to your iPod data as well as the ability to transfer data between multiple iPods and iPhones. Remember to consider the full spectrum of functionality and ease of use for the money when considering an ipod data transfer software purchase!

Leveraging through Software Patents

 

Patentability of Software

The question of whether software is patentable dates back to the 1970s. The United States Patent and Trade Mark Office (USPTO) historically had been reluctant to grant patents on inventions relating to computer software. Their rationale was that patents could only be granted to processes, machines, and articles of manufacture and compositions of matter. Patents could not be granted to scientific truths or mathematical expressions of it. The USPTO viewed computer programs and inventions containing or relating to computer programs as mere mathematical algorithms, and not processes or machines.

In the 1980s the United States Supreme Court forced the USPTO to change it’s position. Diamond vs. Diehr, decided in 1981, provided the first instance in which the US Supreme Court ordered the USPTO to grant a patent on invention related to Computer Software. In this case, the invention related to a method for determining how rubber should be heated in order to be best “cured”. The invention utilized a computer to calculate and control the heating times for the rubber. However, the invention (as defined by the claims) included not only the computer program, but also included steps to heating rubber, and removing the rubber from the heat. The Supreme Court stated that in this case, the invention was not merely a mathematical algorithm, but was a process of molding rubber, and hence was patentable. This was true even though the only “novel” feature of this invention was the timing process being controlled by the computer.

In the early 1990s, the Federal Circuit Court in the United States, which is the highest court for Patent Matters other than the Supreme Court stated that, if the invention utilizes the computer to manipulate numbers that represent concrete, real world values (such as a program that interprets electrocardiograph signals to predict arrhythmia or a program that analyzes seismic measurements), then the inventions relating to those real world concepts is patentable.

In 1995, the U.S.P.T.O. decided it was time to develop guidelines for patent examiners that reflect these recent court decisions. After releasing draft versions of the guidelines for comment, the U.S.P.T.O. adopted guidelines for U.S.P.T.O. examiners to determine when a  software related invention is statutory and therefore patentable.

Patent Protection vis-à-vis Copyright

Bitlaw a comprehensive website on Intellectual Property states that the primary benefit of protecting computer software through the patent system is the strength of protection provided by the patent laws. An owner of a patent may prevent all others from making, using, or selling the patented invention. In connection with software, an issued patent may prevent others from utilizing a certain algorithm (such as the GIF image compression algorithm) without permission, or may prevent others from creating software programs that perform a function in a certain way.

In contrast, copyright law can only prevent the copying of a particular expression of an idea. In connection with computer software, copyright law can be used to prevent the total duplication of a software program, as well as the copying of a portion of software code (both of which are examples of “literal infringement”). In addition, copyright does provide some protection against non-literal infringement, such as the near duplication of screen displays, and the creation of “cloned” software. However, courts have recently been reluctant to interpret copyright protection of computer software in a broad manner. In addition, the basic tenet of copyright law is that copyright will protect only the expression of an idea, and not the idea itself. Consequently, copyright law will not prevent the creation of a competing program that utilizes the same ideas as an existing program.

Need for Patent Protection

In recent years, the United States Patent and Trademark Office (USPTO) has granted a rapidly increasing number of patents for software-related inventions.

In recent years, the United States Patent and Trademark Office (USPTO) has granted a rapidly increasing number of patents for software-related inventions. According to the Software Patents Institute in the United States, thousands of “true software patents” are issued every year, covering such areas as business software, expert systems, compiling functions, operating system techniques, and editing functions. At the same time, software technology has continued to advance, using combinations of previous advances in order to create new goods, services, and production processes.

Regardless of one’s opinion on the issue of whether software-related patents are good or bad for society, the fact remains that a rapidly increasing number of software companies are filing software-related patent applications every day. This creates a need for software companies to begin developing programs and procedures to protect their intellectual property through the patent system.

India is emerging as a world leader in the field of software technology. The IT software and services industry in India grossed an annual revenue of Rs. 37,760 crore (US$ 8.26 billion) during 2000-01, according to the annual industry survey released by the National Association of Software and Service Companies (NASSCOM), the apex body of software, e-commerce and IT services industry in India.

Mr. Phiroz Vandrevala, Chairman, NASSCOM while releasing the highlights of Nasscom’s survey said, “the interesting highlight of 2000-01 was that one out of every four global giants, outsourced their `mission critical software requirements’ to India”. Mr. Phiroz Vandrevala further said, “The Indian software industry still requires moving faster on the value chain ladder and getting more involved in strategic consulting, brand management, Research & Development and providing more web based and e-commerce kind of interactive services to the customers”.

Hence the need to protect our Intellectual Property Rights will be more keenly felt once the Indian Software Industry is well on its way to creating a niche as a mature developer of hi-tech software products.

Legal Protection

The Indian Patents Act, 1970 does not explicitly exclude patenting in computer programs. Section 2(1)(j) of the Indian Patents Act, 1970 defines “invention” as any new and useful

i)                    art, process, method or manner of manufacture;

ii)                   machine, apparatus or other article;

iii)                 substance produced by the manufacture

As per the present legal interpretation of the above definition of the invention, the patentable subject matter in addition to being novel and useful, should be about manner of manufacture and it must result in a non-living and tangible thing. From this explanation, it can be inferred that software, as such, in the form of a mathematical algorithm may not be a patentable subject matter as it is not about manner of manufacture and it does not result in a tangible thing.

This situation changes when software is combined with a machine/computer and the machine/computer under the influence of the software, becomes a ‘novel’ machine/computer and this becomes patentable subject matter.

Contrary to popularly held belief that software related patents are not permitted by Indian Patent Office; there are several instances where software related patents have been granted by the Indian Patent Office. One example is the Software related patent no 176178 granted to IBM, USA for “System for Creating an Application Program Package’” by the Indian Patent Office.

Proposed Changes in the Law

The Patents (Second Amendment) Bill, 1999 to the Indian Patents Act, 1970 has been brought out in the light of the TRIPS Agreement and to make the Act a modern, harmonised and user-friendly legislation. However as far as Software Patenting is concerned, the proposed amendments to the act may be considered a retrograde step as it explicitly excludes computer programs from patentability.

This becomes evident if we consider the non-patentable subject matter, which have been specifically included by way of addition to Section 3 (of Indian Patents Act, 1970), which deals with non-patentable inventions. The proposed bill in addition to other non-patentable subject matter excludes “a mathematical or business method or a computer program or algorithms” from patentability.

Once these amendments are affected into the Act, patenting in software will become impossible as compared to the present legal position where the Indian Patents Act does not exclude, explicitly, computer programs from patenting.

Leveraging through Patents

Among companies with patent portfolios, it is a very common practice for one company to offer to cross-license one or more patents of its own when accused of infringing a patent belonging to another company. Through this practice, the patent assets of both companies are increased.

Small and medium software companies can benefit from patenting in software by reaping profits through licensing their patents to bigger corporations. In fact, lack of patent protection makes it easier for bigger corporations to copy ideas from the software developed independently by small and medium software companies.

Thus, software companies should begin evaluating the best internal procedures for identifying potentially patentable ideas and pursuing patent protection for such ideas. Since software-related patent applications are often relatively expensive and time-consuming, appropriate business decisions should also be made to support such an endeavor.

Urgent Needs

While making provisions for patenting in some form in the Indian Patents Act, we must also address the procedural realities of the Indian Patent Office. The facilities at four branches of the Indian Patent Office must be strengthened so that examiners are able to conduct an effective search while deciding the novelty and inventiveness of Software related inventions. The Patent Office should have an Examiner’s Manual, as is done in the USPTO, providing clear cut guidelines regarding patentability of software related inventions. Examiners at four branch offices of the Indian Patent Office should be made fully conversant with the technicalities of software related inventions. Additionally an awareness drive should be vigorously launched to make the software industry fully aware of the issues involved with patenting software in India as well as abroad.

All these needs have to be addressed in right earnest before the nation really benefits from the Great Indian Software Story!

Bibliography

Dr. Ganguli Prabhudda – ‘Gearing Up for Patents – The Indian Scenario’, Orient Longman, 1998
Parulekar Ajit and D’Souza Sarita – Indian Patent Law : Legal and Business Implications , 1st Edition 2006
IPR journal ‘World patent Information’ published by Elsevier Science Limited, UK
Patents Law Manual, 1st Edition, 2005
Website : www.patentmatics.org

The concept of “intellectual property” in India over the last few years has taken on some epic proportions for a number of reasons. One of the primary reasons, attributable to the growing awareness among the urban Indian population, is of the significance and, more importantly, the commercial benefits in protecting its intellectual property rights both within and outside India. And under traditional principles of intellectual property protection, patent law is to encourage scientific research, new technology and industrial progress. The fundamental principle of patent law is that the patent is granted only for an invention i.e. new and useful the said invention must have novelty and utility. The grant of patent thus becomes of industrial property and also called an intellectual property. And the computer software is a relatively new recipient of patent protection.

The term “Patent’’ has its origin from the term “Letter Patent’’. This expression ‘Letter Patent’ meant open letter and were instruments under the Great Seal of King of England addressed by the Crown to all the subjects at large in which the Crown conferred certain rights and privileges on one or more individuals in the kingdom. It was in the later part of the 19th century new inventions in the field of art, process, method or manner of manufacture, machinery and other substances produced by manufacturers were on increased and the inventors became very much interested that the inventions done by them should not be infringed by any one else by copying them or by adopting the methods used by them. To save the interests of inventors, the then British rulers enacted the Indian Patents and Design Act, 1911.

With respect to patentability of software -related inventions, it is currently one of the most heated areas of debate. Software has become patentable in recent years in most jurisdictions (although with restrictions in certain countries, notably those signatories of the European Patent Convention or EPC) and the number of software patents has risen rapidly.

Meaning Of Software Patenting
The term “software” does not have a precise definition and even the software industries fails to give an specific definition. But it is basically used to describe all of the different types of computer programs. Computer programs are basically divided into “application programs” and “operating system programs”. Application programs are designed to do specific tasks to be executed through the computer and the operating system programs are used to manage the internal functions of the computer to facilitate use of application program.

Though the term ‘Software patent’ does not have a universally accepted definition. One definition suggested by the Foundation for a Free Information Infrastructure is that a software patent is a “patent on any performance of a computer realized by means of a computer program”.

According to Richard Stallman, the co-developer of the GNU-Linux operating system and proponent of Free Software says, “Software patents are patents which cover software ideas, ideas which you would use in developing software.

That is Software patents refer to patents that could be granted on products or processes (including methods) which include or may include software as a significant or at least necessary part of their implementation, i.e. the form in which they are put in practice (or used) to produce the effect they intend to provide.

Early example of a software patent
On 21st Sep 1962, a British patent application entitled “A Computer Arranged for the Automatic Solution of Linear Programming Problems” was filed. 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 patents.

Conceptual Difference Between Copyright And Patent
Software has traditionally been protected under copyright law since code fits quite easily into the description of a literary work. Thus, Software is protected as works of literature under the Berne Convention, and any software written is automatically covered by copyright. This allows the creator to prevent another entity from copying the program and there is generally no need to register code in order for it to be copyrighted. While Software Patenting has recently emerged (if only in the US, Japan and Europe) where, Patents give their owners the right to prevent others from using a claimed invention, even if it was independently developed and there was no copying involved.

Further, it should be noted that patents cover the underlying methodologies embodied in a given piece of software. On the other copyright prevents the direct copying of software, but do not prevent other authors from writing their own embodiments of the underlying methodologies.

The issues involved in conferring patent rights to software are, however, a lot more complex than taking out copyrights on them. Specifically, there are two challenges that one encounters when dealing with software patents. The first is about the instrument of patent itself and whether the manner of protection it confers is suited to the software industry. The second is the nature of software, and whether it should be subject to patenting.

However, issues involved in conferring patent rights to software are a lot more complex than taking out copyrights on them. Specifically, there are two challenges that one encounters when dealing with software patents. The first is about the instrument of patent itself and whether the manner of protection it confers is suited to the software industry. The second is the nature of software and whether it should be subject to patenting.

a) Different Subject Matters
Copyright protection extends to all original literary works (among them, computer programs), dramatic, musical and artistic works, including films. Under copyright, protection is given only to the particular expression of an idea that was adopted and not the idea itself. (For instance, a program to add numbers written in two different computer languages would count as two different expressions of one idea) Effectively, independent rendering of a copyrighted work by a third party would not infringe the copyright.

Generally patents are conferred on any ‘new’ and ‘useful’ art, process, method or manner of manufacture, machines, appliances or other articles or substances produced by manufacture. Worldwide, the attitude towards patentability of software has been skeptical

b) Who may claim the right to a patent /copyright?
Generally, the author of a literary, artistic, musical or dramatic work automatically becomes the owner of its copyright. The patent, on the other hand is granted to the first to apply for it, regardless of who the first to invent it was. Patents cost a lot of money. They cost even more paying the lawyers to write the application than they cost to actually apply. It takes typically some years for the application to get considered, even though patent offices do an extremely sloppy job of considering.

c) Rights conferred
Copyright law gives the owner the exclusive right to reproduce the material, issue copies, perform, adapt and translate the work. However, these rights are tempered by the rights of fair use which are available to the public. Under “fair use”, certain uses of copyright material would not be infringing, such as use for academic purposes, news reporting etc. Further, independent recreation of a copyrighted work would not constitute infringement. Thus if the same piece of code were independently developed by two different companies, neither would have a claim against the other.

A patent confers on the owner an absolute monopoly which is the right to prevent others from making, using, offering for sale without his/her consent. In general, patent protection is a far stronger method of protection than copyright because the protection extends to the level of the idea embodied by a software and injuncts ancillary uses of an invention as well. It would weaken copyright in software that is the base of all European software development, because independent creations protected by copyright would be attackable by patents. Many patent applications cover very small and specific algorithms or techniques that are used in a wide variety of programs. Frequently the “inventions” mentioned in a patent application have been independently formulated and are already in use by other programmers when the application is filed.

d) Duration of protection
The TRIPS agreement mandates a period of at least 20 years for a product patent and 15 years in the case of a process patent. For Copyright, the agreement prescribes a minimum period of the lifetime of the author plus seventy years.

Jurisdictions Of Software Patenting
Substantive law regarding the patentability of software and computer-implemented inventions, and case law interpreting the legal provisions, are different under different jurisdictions.
Software patents under multilateral treaties:
• Software patents under TRIPs Agreement
• Software patents under the European Patent Convention
• Computer programs and the Patent Cooperation Treaty

Software patenting under TRIPs Agreement
The WTO’s Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs), particularly Article 27, are subject to debate on the international legal framework for the patentability of software, and on whether software and computer-implemented inventions should be considered as a field of technology.

According to Art. 27 of TRIPS Agreement, patents shall be available for any inventions, whether products or processes, in all fields of technology, provided that they are new, involve an inventive step and are capable of industrial application. (…) patents shall be available and patent rights enjoyable without discrimination as to the place of invention, the field of technology and whether products are imported or locally produced.”

However, there have been no dispute settlement procedures regarding software patents. Its relevance for patentability in the computer-implemented business methods, and software information technology remains uncertain, since the TRIPs agreement is subject to interpretation.

Software patents under the European Patent Convention
Within European Union member states, the EPO and other national patent offices have issued many patents for inventions involving software since the European Patent Convention (EPC) came into force in the late 1970s. Article 52 EPC excludes “programs for computers” from patentability (Art. 52(2)) to the extent that a patent application relates to a computer program “as such” (Art. 52(3)). This has been interpreted to mean that any invention which makes a non-obvious “technical contribution” or solves a “technical problem” in a non-obvious way is patentable even if a computer program is used in the invention. Computer-implemented inventions which only solve a business problem using a computer, rather than a technical problem, are considered unpatentable as lacking an inventive step. Nevertheless, the fact that an invention is useful in business does not mean it is not patentable if it also solves a technical problem.

Computer programs and the Patent Cooperation Treaty
The Patent Cooperation Treaty (PCT) is an international patent law treaty, which provides a unified procedure for filing patent applications to protect inventions. A patent application filed under the PCT is called an international application or PCT application. Under the PCT, the international search and the preliminary examination are conducted by International Searching Authorities (ISA) and International Preliminary Examining Authority (IPEA).

Current Trend
However, before we start hailing the advent of a new era and equating the patenting of software in India it would be well worth our while to take a pause and examine the realities of software patenting. We could do this by looking at examples of countries in which software patenting has already become the order of the day, such as in the US and Japan

United States
The United States Patent and Trademark Office (USPTO) has traditionally not considered software to be patentable because by statute patents can only be granted to “processes, machines, articles of manufacture, and compositions of matter”. i.e. In particular, patents cannot be granted to “scientific truths” or “mathematical expressions” of them. The USPTO maintained the position that software was in effect a mathematical algorithm, and therefore not patentable, into the 1980s. This position of the USPTO was challenged with a landmark 1981 Supreme Court case, Diamond v. Diehr. The case involved a device that used computer software to ensure the correct timing when heating, or curing, rubber. Although the software was the integral part of the device, it also had other functions that related to real world manipulation. The court then ruled that as a device to mold rubber, it was a patentable object. The court essentially ruled that while algorithms themselves could not be patented, devices that utilized them could.

But in 1982 the U.S. Congress created a new court i.e the Federal Circuit to hear patent cases. This court allowed patentability of software, to be treated uniformly throughout the US. Due to a few landmark cases in this court, by the early 1990s the patentability of software was well established. Moreover, Several successful litigations show that software patents are now enforceable in the US. That is the reason, Patenting software has become widespread in the US. As of 2004, approximately 145,000 patents had issued in the 22 classes of patents covering computer implemented inventions.

Japan
Software is directly patentable in Japan. In various litigations in Japan, software patents have been successfully enforced. In 2005, for example, Matsushita won a court order barring Justsystem from infringing Matsuhita’s Japanese patent 2,803,236 covering word processing software.

Indian Position
With respect to computer software, in Patents (Amendment) Act, 2002, the scope of non-patentable subject matter in the Act was amended to include the following: “a mathematical method or a business method or a computer programme per se or algorithms”.

However, the recent amendment changes (Ordinance, 2004), which amends the Patents Act, 1970, has been promulgated after receiving assent from the President of India and has came into effect from 1st Jan., 2005. Apart from change in pharmaceuticals and agro chemicals, one of the seminal amendments this Ordinance seeks to bring is to permit the patenting of embedded software.

Hence, the amendment means that while a mathematical or a business method or an algorithm cannot be patented, a computer programme which has a technical application in any industry or which can be incorporated in hardware can be patented. Since any commercial software has some industry application and all applications can be construed as technical applications, obviously it opens all software patenting.
In any case, any company seeking to file a patent application for software under the Ordinance should ensure that its invention firstly, follows the three basic tests:
• Inventive Steps
• Novelty
• Usefulness
Therefore, it is important that the software sought to be protected is not merely a new version or an improvement over an existing code.
Further, in accordance with the specific requirements of the Ordinance with regard to patentability of software, the software should necessarily have a technical application to the industry or be intrinsic to or “embedded” in hardware. This is to prevent against any future litigation or claims of infringements being raised, which is a distinct probability even after a patent has been granted.

Conclusion
India for its part seems to have adopted the more conservative approach of the European patenting norms for software. But the Ordinance definitely has its use and relevance in today’s India, particularly for our growing domestic semi- conductor industry. This, along with judicial tempering might definitely ensure a judicious use of patent protection while allowing the industry to grow through innovations and inventions, thereby, mitigating the risks of trivial patents chocking the life out of real innovations and inventions. This is the reason a patent should always be treated as a “double edged sword”, to be wielded with caution and sensitivity. Now whether, in reality this will be implemented on a rigid basis or will become broad in scope through application (as in the U.S.), and, more importantly, whether the Ordinance would, in fact, result in increased innovation and inventions in the software industry, remains to be seen.

Computers use different kinds of computer software for different kinds of needs and purposes. There are two different types of computer software.

The first type of software is the system software. The system software works in relation to the different hardware parts of a computer system. This type of software can be relied upon in managing the different hardware components so that they work in conjunction with the computer. This makes it easier for a computer user to handle hardware such as the printer without having to worry about programming and the like. System software also includes the operating system on a computer which is responsible for the overall functionality of the computer and its parts.

The second type of software is the application software. This application software was created to satisfy certain needs such as word processing, presentation-making, and spreadsheet tabulations. Computer games also fit into this category since games were intended mostly for entertainment purposes.

If a person is looking for particular software then he/she can do so in different ways. The first and oldest way of looking for the software is for the person to simply go to a computer store and purchase a copy of the software from the store. If the store doesn’t have it then the person can either go to another store or use another way to look for that software. Another way of looking for software is by searching for it over the Internet. Most software manufacturers often offer a software download of their product in its trial version. If the person continues to be interested in the product then he/she can simply order and purchase the product via the company’s website. The company can then send the person a hard copy (or boxed copy) of the software or have the person download the full version of the product provided that the customer has a high-speed Internet connection. If the person still can’t find that particular product over the Internet then he/she can check the Internet again to see if there are other software products similar in functionality to the product that he/she is looking for and decide on the next step.

Software downloads don’t only apply to common application software but also to computer games. Let’s face it, computer games are what most people turn to when they want to kill time or to relax. Games are not only for kids, but also for teenagers and adults alike.

Computer games can be purchased in stores and over the Internet in the same way as regular software can be purchased. There are also some sites which offer free games for the computer user’s enjoyment. These games may be made by the sites offering them or trial versions of popular games. There are different games out in the market and over the Internet today.

All in all, the development and availability of software is widespread. Purchasing them is easy if you have the patience to look.