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Software Agreements

 

Desk Team LawDocs

A Software Agreement is execute between the Software Provider and its Customer, wherein the Software Provider agrees to maintain and provider services with respect to the software which is being use by the customer.

Generally, a Software Agreement consists of the following:

Software Maintenance

Software Service Agreement

This is a standard contract execute whenever a software is provide by the service provider, as deficient software can have significant impact on the business or the electronic device of the customer.

Contents  hide 

1 The following clauses are necessary to included in the Agreement :

2 When drafting an application, the following should be ensured:

3 Copyright Act and the Patent Act

4 Related

The following clauses are necessary to included in the Agreement :

Maintenance – The Agreement shall specify what kind of services shall provide by the service provider in terms of maintenance of the software such as updates, new versions of software etc.

Warranty– the service provider shall ensure that it provides technical assistance to the customer as when required by the customer with respect to the software.

Payment – the agreement shall mention the payment clause, as to how the payment should be made, time period for such payment etc.

Customer responsibility– the Agreement shall also mention the customers responsibility in terms of assistance to provide information, authorized usage of the software, compliance of law etc.

When drafting an application, the following should be ensured:

the terms used in the claims and specifications should be consistent and as much as possible, each method claim must be tied up with the respective hardware or a tangible software component; and

claims and specifications should link to technical effect or technical contribution, wherever suitable.

Further, recent patent grants by the IPO indicate that software inventions may be patentable, if the following conditions are met:

there is technical advancement in the invention over the existing prior arts;

the invention provides a technical solution to a technical problem by providing a practical application; and

there is an improved technical effect of the underlying software.

Copyrights and Patent in Software

Copyright Act and the Patent Act

Software Agreements

In India, computer-related inventions can be protect under the Copyright Act and the Patent Act. While computer software is protectable as a literary work under the Copyright Act, the scope of protection granted is narrow. Inventors therefore prefer patent protection for this type of invention. Since, it provides broader and stronger protection and affords protection to the basic concept behind these creations.

The protection of computer-related inventions is one of the most debatable and contentious issues in India and worldwide. Patentability for this type of invention in India is laid out in Section 3(k) of the Indian Patents Act. And the Guidelines for Examination of Computer-related Inventions published by the Indian Patent Office (IPO).

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