Patents covering computer related inventions (software, mobile applications, internet of things etc.) are routinely granted by the Indian Patent Office. Although section 3(k) of the Indian Patents Act states that computer programs are not patentable in India, a thorough analysis of recently granted patents reveal the details of the types of patent claims that are allowed by the Indian Patent Office.
Patent Strategy
As can be seen from below examples, the software patents for computer related inventions, including mobile applications are granted only if the primary independent patent claims read with dependent patent claims cover novel and inventive method, which is implemented over a system comprising of hardware elements, such as, wireless devices, base station, and the like, aimed at providing technical solutions that are not disclosed in the prior art.
Google Patent in India
Patent 311620 covers a method for allocating communication resources to wireless devices, wherein the main independent claims states:
1. A method for allocating communication resources to wireless devices (102, 104), said method comprising:
receiving a request from a wireless device for downlink physical shared channel (PDSCH) downlink transmission via a particular transmission mode and a specific rank that represents a first pairing;
retrieving one or more of: (a) historical Hybrid Automatic Repeat Request (HARQ) feedback information corresponding to said particular transmission mode and rank; (b) Channel Quality Indicators (CQIs) corresponding to one or more layers of the precoder corresponding to the specific rank requested; (c) a Precoder Matrix Index (PMI) report that provides a best precoder corresponding to said particular transmission mode and said specific rank; and (d) a rank indicator (RI) report;
obtaining an estimation of a first HARQ error adjusted throughput associated with said particular transmission mode and said specific rank requested by said wireless device;
providing estimates of HARQ error adjusted throughput corresponding to other distinct pairings of transmission mode and rank;
comparing said estimation of said first HARQ error adjusted throughput with said estimates of HARQ error adjusted throughput; in response to said comparing, selecting a best pairing of transmission mode and rank with a higher HARQ error adjusted throughput for transmission service for said wireless device; and in response to the selection, periodically switching from the selected pairing of transmission mode and rank to other pairings of other transmission modes and rank to check if conditions have adequately improved to warrant transmission at a different pairing of transmission mode and rank.
THOMSON LICENSING Patent
Patent 311628 covers system and method for scaling images, wherein the first claim states:
1. A method implemented in a digital image processing and display system for scaling an image, the method comprising:
acquiring an image of a first size (202); detecting the geometry of the image (204); scaling the image to a second size (216);
generating a one-dimensional horizontal filter with a first cut-off frequency (302);
generating a one-dimensional vertical filter with a second cut-off frequency less than the first frequency(304);
performing an outer product function on the horizontal and vertical filter to generate a two-dimensional filter (306); and
rotating the two-dimensional filter into a plurality of different directions and storing at least one filter for each of the plurality of different directions (308) in a bank of two dimensional filters; and
for a pixel of the scaled image, filtering the scaled image by selecting a filter of the bank of two-dimensional filters having substantially the same edge direction as the edge direction of the pixel (406).
CISCO TECHNOLOGY Patent
Patent 311637 discloses a video compositing of an arbitrary number of source streams using flexible macroblock ordering, wherein the primary independent claim states:
1. A method of creating composite images from a plurality of source streams comprising:
receiving (53), by a compositor, a plurality of N H.264-compliant source video streams, each comprising a sequence of pictures, where N is an integer greater than one;
converting (55) each of the N source video streams into source slice groups using flexible macroblock ordering (FMO);
adding pad slice groups to the source slice groups to create a composite image having a first display format compatible with an H.264/Advanced Video Coding, H.264/AVC, standard keying the pad slice groups with PCM encoded macroblocks with a pattern that identifies the pad slice groups as padding for the source pictures; and
combining (56) the composite images into a single composite output stream according to the H.264/AVC standard comprising a sequence of the composite images, each composite image only using the pictures from the received source video streams that were received within a time interval associated with the combining operation for that composite image.
Accelerated Examination Patent Search
Many patents granted for computer related inventions and software innovations may require accelerated examination patent searches, which covers comprehensive prior art searching procedures, including US patents, published patent applications, foreign patent documents, and any non-patent literature that is relevant to the granted patent claims. In addition, such patent searches also cover the comparison of each claim with the relevant prior art.
Software Patent Drafting
Drafting of software patent applications require technical understanding of software development and software functionalities, along with legal understanding of latest guidelines issued by the patent office. For drafting software patent applications, we have comprehensive experience of drafting provisional and non-provisional applications as per the defined legal requirements of the patent offices across multiple jurisdictions. Right from the invention disclosure process to drafting of patent claims by the patent attorneys, we always aim to cover multiple embodiments (variations) of the invention to be claimed.
Software Patent Landscape Study
Companies routinely perform patent landscape studies, wherein patent searchers conduct comprehensive patent searches to prepare Patent Landscape Report. The contents of patent landscape report aimed at software and computer related inventions include extensive analysis of the State-of-the-Art patent search to determine all the possible future research sectors and business development possibilities, without infringing upon third party patent rights. Patent attorney conducts a software patent landscape study to facilitate strategic decision-making at the management level of a company. Content wise, a good quality patent landscape report should cover global analysis of patent and non-patent literature published regarding a specific technology area within the scope of software and computer related inventions.
Patent Services
Law Office of Patent Attorney Rahul Dev was established in 2010 for assisting clients with patent analysis and patent advice for inventors, large, multi-national corporations, universities, and emerging technology companies. We have been able to file patents and obtain patent registration certificates across a wide range of technology sectors, including software, mobile applications, computer related inventions, and next generation technology tools developed using artificial intelligence and machine learning.
Law Office of Patent Attorney Rahul Dev offers high value software patent drafting and patent due diligence services to clients by using proprietary and efficiently proven process along with a fixed fee costs, for performing comprehensive patent investigations and providing clients with strong patent reports for decision making.
We provide comprehensive Patent and Trademark legal services via our global network to create valuable patent portfolios and resolve complex patent disputes by providing patent litigation support services.
Our team of advanced patent attorneys assists clients with patent searches, drafting patent applications, and patent (intellectual property) agreements, including licensing and non-disclosure agreements.
Advocate Rahul Dev is a Patent Attorney & International Business Lawyer practicing Technology, Intellectual Property & Corporate Laws. He is reachable at rd (at) patentbusinesslawyer (dot) com & @rdpatentlawyer on Twitter.
Quoted in and contributed to 50+ national & international publications (Bloomberg, FirstPost, SwissInfo, Outlook Money, Yahoo News, Times of India, Economic Times, Business Standard, Quartz, Global Legal Post, International Bar Association, LawAsia, BioSpectrum Asia, Digital News Asia, e27, Leaders Speak, Entrepreneur India, VCCircle, AutoTech).
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Working closely with patent attorneys along with international law firms with significant experience with lawyers in Asia Pacific providing services to clients in US and Europe. Flagship services include international patent and trademark filings, patent services in India and global patent consulting services.
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