Abstract

Today technology is changing expeditiously. New technical inventions are taking place in huge number. These new inventions open new field of subject-matter for protection under Intellectual Property Law. Intellectual Property law gives an umbrella protection to new inventors. Patent provide protection for those line of process, products which are novel and are capable of proving that it involves an inventive step. USPTO grants maximum patents in a year. The paper written here advocates the invalidity of Business Method patent in Indian scenario. Business method today is capable of IP protection in countries like USA, Australia, Japan and New Zealand. India is against granting of protection to Business Method. India which amended its Patent Act 1970 recently, through an ordinance, to bring it in line with TRIPS agreement would not have helped the Indian software industry in anyway and would have only paved the way for the foreign companies to block the technology by playing with the words.

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