Protecting software programmes vis-à-vis patentability of software

A patent is an official document that confers proprietorship of an invention on the recipient. A grant of a patent is preceded by examination of applications by the patenting authority but the final responsibility for validating or invalidating a patent lies with the courts under challenge. The fundamental principle behind patents is that the governmental authority awards exclusive control over an invention for a fixed number of years, to the individual who first discloses the invention within its territory. In most systems a patent is granted to whichever applicant is first to submit a detailed description of the invention, provided the applicant can satisfy the patent authority and the courts through litigation regarding certain conditions laid down by patent law. In instances where strong public policies outweigh the policies behind granting patent exclusivity, the scope of a patent may be limited.