Abstract
In India and Europe unlike in the US, both business method and computer program are excluded. To understand why and to what extent are they excluded, one must first understand the meaning of ‘patents’, ‘invention’ along with meaning of both concerned subject matter. One must understand the language used in the legislation to find out to what extent there is possibility of interpretation in favour of patentability, the reason being that wherever the law has developed favour of software patents and business method it is due to the role of judiciary in constructing the legislative provisions and not as a result of any amendment. Therefore, they are also called non-statutory subject matter.
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