Journal of Intellectual Property Rights Vol 20, July 2015, pp 210-222 Software Patent in India: A Comparative Judicial and Empirical Overview Ravindra Chingale a† and Srikrishna Deva Rao b a National Law University Delhi, Sector 14, Dwarka, New Delhi - 110078, India b National Law University Odisha, Sector C - 13, CDA, Cuttack - 753015, Odisha, India Received: 7 January 2015; accepted: 25 May 2015 The question of software patent and its patentability was discussed in June, 2014 by the Supreme Court of the United States of America (USA) in the case of Alice Corporation v CLS Bank International. It has become necessary to view the issue of software patent in a new light as it is observed that there is greater ambivalence in the law and practice of granting patent to computer implemented inventions. Considering the significant role played by the Indian software industry in contributing to the growth of the Indian economy and putting India on the global map, it is necessary to ensure that the patent system can adapt to and assimilate new, innovative technologies for the growth and development of software industry. The patent system should be capable of handling them in a rapidly advanced way, and must not shut them out. The data relating to number of patent applications filed and granted in the field of computer technology in countries like the US, Canada, European Countries and India shows that there are variations in approaches towards patentability of software. Diverse approaches are creating differences in opinions about patenting of software, thereby leading to software patent war. The current patent war in software industry has created issues of protection of technology, enforcement and growth of the industry. This article throws light on the issues related with software patent. It also discusses the various cases in U.S. The article attempts to understand the status of patent law and practice relating to computer related inventions India, Canada and EPO. Keywords: Patent, software, computer related inventions, industry, innovation, WIPO, IPO, EPO The patent system endeavours to achieve a balance between promoting the creation and funding of new products. In doing so, it always tries not to hamper innovation or delay the development of future products so as to provide the maximum benefit to the citizens. 1 With change in technology, there is a need to maintain a balance between the law and technology in order to provide competitive market and growth in innovation. Innovation has become a keyword in all kinds of industries. The Government of India, through its ‘Make in India’ campaign, is further promoting innovation in Indian industries. The speed of innovation in the fields of computer software, telecommunications and internet based services in last ten years has been increasing at a fast pace. Revolution in the information technology has changed life, working habits and the living conditions of humans. Thus, to protect the innovation and promote an innovative environment it is important to ensure that the patent system is capable of facing the challenges posed by these new innovative technologies. Knowledge is an inevitable part of economy of the 21 st century and innovation is a key to hold this economy. Ability of converting knowledge into wealth and social good through the process of innovation will determine future of our nation. Thus, after Trade Related Intellectual Property Rights (TRIPS) Agreement was implemented, issues of generation, valuation, protection, prosecution, defence and exploitation of intellectual property (IP) have become critically important all around the world. Exponential growth of scientific knowledge, increasing demands for new forms of intellectual property protection, access to IP related information, increasing dominance of the new knowledge economy over the old ‘brick and mortar’ economy, complexities linked to IP in traditional knowledge and community knowledge are posing challenges in setting up a new 21 st century IP agenda. This paper analyses the present position of the software patent in India and other countries like European Union and Canada with the help of data of filed and granted patent. It also throws light on the evolution of law by discussing various judgments and Indian case laws. ________________ † Corresponding author: Email: advchingale@gmail.com