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Question

Statement I:
Programmes are covered under copyright law, whereas, algorithms and techniques qualify for patenting.
Statement II:
Software is granted patents for industrial processes.
Select the correct answer from the options given below -

A
Statement I and II both are correct.
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B
Statement I is correct while Statement II is incorrect.
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C
Statement I and II are incorrect.
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D
Statement II is correct while Statement I is incorrect.
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Solution

The correct option is A Statement I and II both are correct.
  • In India the Copyright Act, 1957 grants protection to original expression and computer software is granted protection as a copyright unless it leads to a technical effect and is not a computer program per se. Generally Computer software which does not have a technical effect is protected under copyright law. If the algorithm is embodied in a machine and results in the transformation of matter, then it may be patentable and qualify for patenting.
  • Industrial process a type of utility patent reserved for manufacturing processes in which a material is treated in a certain manner in order to change its characteristics or functionality for a particular application. Hence, any software results in the transformation of matter, then it may be patentable and qualify for patenting.

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