ETHICAL USE OF SOFTWARE Software enables us to accomplish many different tasks with computers.

Unfortunately, in order to get their work done quickly and conveniently, some people justify making unethical use of software. Some principles governing the ethical use of software are: o not use a software in ways that may harm other people- !t is unethical to use software to harm another user. !t is not limited to physical injury. !t includes harming or corrupting other users" data or files. !t is unethical to write programs, which on e#ecution lead to stealing, copying or gaining unauthori$ed access to other users" data. %eing involved in practices like hacking, spamming, phishing or cyber bullying does not conform to software ethics. o not use software to cause interference in other users" work - &omputer software can be used in ways that disturb other users or disrupt their work. 'iruses, for e#ample, are programs meant to harm useful computer programs or interfere with the normal functioning of a computer. (alicious software can disrupt the functioning of computers in more ways than one. !t may overload computer memory through e#cessive consumption of computer resources, thus slowing its functioning. !t may cause a computer to function wrongly or even stop working. Using malicious software to attack a computer is unethical. )efrain from copying software or buying pirated copies of software. *ay for software unless it is free - +ike any other artistic or literary work, software is copyrighted. , piece of code is the original work of the individual who created it. !t is copyrighted in his name. !n case of a developer writing software for the organi$ation he works for, the organi$ation holds the copyright for it. &opyright holds true unless its creators don"t announce it is not. -btaining illegal copies of copyrighted software is unethical. !t is wrong to claim ownership on a work which is the output of someone else"s intellect - *rograms developed by a software developer are his.her property. !f he is working with an organi$ation, they are the organi$ation"s property. &opying them and propagating them in one"s own name is unethical. /his applies to any creative work, program or design. 0stablishing ownership on a work which is not yours is ethically wrong. %efore developing software, think about the social impact it can have - +ooking at the social consequences that a program can have, describes a broader perspective of looking at technology. &omputer software on release, reaches millions. Software like video games and animations or educational software can have a social impact on their users. 1hen working on animation films or designing video games, for e#ample, it is the programmer"s responsibility to understand his target audience.users and the effect it may have on them. 2or e#ample, a computer game for kids should not have content that can influence them negatively. Similarly, writing malicious software is ethically wrong. , software developer.development firm should consider the influence their code can have on the society at large. PRIVACY IN COMPUTER ETHICS *rivacy of communication is an important ethical topic in today3s society. &omputer technology, with its many aspects, like for instance communication passed on computer networks, has raised new ethical problems concerning privacy, since a large amount of personal information passes computer networks each day. &omputer ethics, which includes privacy, is a fairly new area within applied ethics, raising new types of moral dilemmas. /o preserve an individual3s privacy when communicating, different privacy-enhancing technologies have been developed. /hat includes technologies like cryptography, authentication and digital signatures. /hese technologies have various algorithms and protocols, which are used to a large e#tent in computer networks. /he privacy-enhancing technologies have caused new concern since governments and authorities have difficulties with intercepting the encrypted communication passed on computer networks. /he interplay between the security and safety of a group, for e#ample the citi$ens of a country, which governments want to achieve with interception, and the privacy of an individual, who prefer to share the information with only a few close others, is a sensitive balancing. /o facilitate the interception, several devices and technologies have been developed by governments, which is a subject to discussion. /here are different legislations concerning the right to privacy and it differs all over the world.

PATENTS , patent is a set of e#clusive rights granted by a sovereign state to an inventor or their assignee for a limited period of time, in e#change for the public disclosure of the invention. ,n invention is a solution to a specific technological problem, and may be a product or a process. *atents are a form of intellectual property. /he procedure for granting patents, requirements placed on the patentee, and the e#tent of the e#clusive rights vary widely between countries according to national laws and international agreements. /ypically, however, a patent application must include one or more claims that define the invention. /hese claims must meet relevant patentability requirements, such as novelty and non-obviousness. /he e#clusive right granted to a patentee in most countries is the right to prevent others from making, using, selling, or distributing the patented invention without permission. Under the 1orld /rade -rgani$ation"s 41/-5 ,greement on /rade-)elated ,spects of !ntellectual *roperty )ights, patents should be available in 1/- member states for any invention, in all fields of technology, and the term of protection available should be a minimum of twenty years. 6evertheless, there are variations on what is patentable subject matter from country to country. , patent does not give a right to make or use or sell an invention. )ather, a patent provides the right to exclude others from making, using, selling, offering for sale, or importing the patented invention for the term of the patent, which is usually 78 years from the filing date subject to the payment of maintenance fees. , patent is a limited property right the government gives inventors in e#change for their agreement to share details of their inventions with the public. +ike any other property right, it may be sold, licensed, mortgaged, assigned or transferred, given away, or simply abandoned. , patent, being an e#clusionary right, does not necessarily give the patent owner the right to e#ploit the patent. 2or e#ample, many inventions are improvements of prior inventions that may still be covered by someone else"s patent. !f an inventor obtains a patent on improvements to an e#isting invention which is still under patent, they can only legally use the improved invention if the patent holder of the original invention gives permission, which they may refuse. Some countries have 9working provisions9 that require the invention be e#ploited in the jurisdiction it covers. &onsequences of not working an invention vary from one country to another, ranging from revocation of the patent rights to the awarding of a compulsory license awarded by the courts to a party wishing to e#ploit a patented invention. /he patentee has the opportunity to challenge the revocation of license, but is usually required to provide evidence that the reasonable requirements of the public have been met by the working of invention. TRADEMARK , trademark is a recogni$able sign, design or e#pression which identifies products or services of a particular source from those of others. /he trademark owner can be an individual, business organi$ation, or any legal entity. , trademark may be located on a package, a label, a voucher or on the product itself. 2or the sake of corporate identity trademarks are also being displayed on company buildings . /he essential function of a trademark is to e#clusively identify the commercial source or origin of products or services, so a trademark, properly called, indicates source or serves as a badge of origin. !n other words, trademarks serve to identify a particular business as the source of goods or services. /he use of a trademark in this way is known as trademark use. &ertain e#clusive rights attach to a registered mark, which can be enforced by way of an action for trademark infringement, while unregistered trademark rights may be enforced pursuant to the common law tort of passing off. !t should be noted that trademark rights generally arise out of the use of, or to maintain e#clusive rights over, that sign in relation to certain products or services, assuming there are no other trademark objections. ifferent goods and services have been classified by the !nternational 46ice5 &lassification of :oods and Services into ;< /rademark &lasses 4= to >; cover goods, and >< to ;< services5. /he idea behind this system is to specify and limit the e#tension of the intellectual property right by determining which goods or services are covered by the mark, and to unify classification systems around the world. /rademarks are used to claim e#clusive properties of products or services. /he usage of trademarks by its owner can cause legal issues if this usage makes him guilty of false advertising or if the trademark is offensive. /rademarks can be owned, but also licensed.

/he unauthori$ed usage of trademarks by producing and trading counterfeit consumer goods is known as brand piracy. /he owner of a trademark may pursue legal action against trademark infringement. (ost countries require formal registration of a trademark as a precondition for pursuing this type of action. /he United States, &anada and other countries also recogni$e common law trademark rights, which means action can be taken to protect an unregistered trademark if it is in use. Still common law trademarks offer the holder in general less legal protection than registered trademarks. , trademark may be designated by the following symbols: 4the 9trademark symbol9, which is the letters 9/(9, for an unregistered trademark, a mark used to promote or brand goods5 4which is the letters 9S(9 in superscript, for an unregistered service mark, a mark used to promote or brand services5 4the letter 9)9 surrounded by a circle, for a registered trademark5

SOFTWARE DESIGN Software design is the process by which an agent creates a specification of a software artifact, intended to accomplish goals, using a set of primitive components and subject to constraints. Software design is the process of implementing software solutions to one or more set of problems. -ne of the important parts of software design is the software requirements analysis 4S),5. !t is a part of the software development process that lists specifications used in software engineering. !f the software is 9semi-automated9 or user centered, software design may involve user e#perience design yielding a story board to help determine those specifications. !f the software is completely automated 4meaning no user or user interface5, a software design may be as simple as a flow chart or te#t describing a planned sequence of events. /here are also semi-standard methods like Unified (odeling +anguage and 2undamental modeling concepts. !n either case, some documentation of the plan is usually the product of the design. 2urthermore, a software design may be platform-independent or platform-specific, depending on the availability of the technology used for the design. Software design can be considered as creating a solution to a problem in hand with available capabilities. /he main difference between Software analysis and design is that the output of a software analysis consists of smaller problems to solve. ,lso, the analysis should not be very different even if it is designed by different team members or groups. /he design focuses on the capabilities, and there can be multiple designs for the same problem depending on the environment that solution will be hosted. /hey can be operations systems, web pages, mobile or even the new cloud computing paradigm. Sometimes the design depends on the environment that it was developed, whether if it is created from with reliable frameworks or implemented with suitable design patterns. 1hen designing software, two important factors to consider are its security and usability. INDUSTRIAL DESIGN !ndustrial esign is the use of both applied art and applied science to improve the aesthetics, ergonomics, functionality, and.or usability of a product, and it may also be used to improve the product"s marketability and even production. /he role of an industrial designer is to create and e#ecute design solutions for problems of form, usability, physical ergonomics, marketing, brand development, and sales. !ndustrial design can overlap significantly with engineering design, and in different countries the boundaries of the two concepts can vary, but in general engineering focuses principally on functionality or utility of products whereas industrial design focuses principally on aesthetic and user-interface aspects of products. !n many jurisdictions this distinction is effectively defined by credentials and.or licensure required to engage in the practice of engineering. 9!ndustrial design9 as such does not overlap much with the engineering sub-discipline of industrial engineering, e#cept for the latter"s sub-specialty of ergonomics. !ndustrial design rights are intellectual property rights that make e#clusive the visual design of objects that are not purely utilitarian. , design patent would also be considered under this category. ,n industrial design consists of the

creation of a shape, configuration or composition of pattern or color, or combination of pattern and color in three dimensional forms containing aesthetic value. ,n industrial design can be a two- or three-dimensional pattern used to produce a product, industrial commodity or handicraft. Under the ?ague ,greement &oncerning the !nternational eposit of !ndustrial esigns, a 1!*--administered treaty, a procedure for an international registration e#ists. ,n applicant can file for a single international deposit with 1!*- or with the national office in a country party to the treaty. /he design will then be protected in as many member countries of the treaty as desired. Examples of iconic industrial design -skar %arnack was a :erman optical engineer, precision mechanic, industrial designer and the father of ><mm photography. ?e developed the +eica, which became the hallmark for photography for <8 years and which still is a high-water mark for mechanical and optical design. &harles and )ay 0ames were most famous for their pioneering furniture designs, such as the 0ames +ounge &hair 1ood and 0ames +ounge &hair. -ther influential designers included ?enry reyfuss, 0liot 6oyes, and )ussel 1right. (any of ,pple"s recent iconic products were designed by Sir @onathan !ve. Grant of pat nt! "n In#"a -verview , patent application can be filed at any of the four patent offices in !ndia 4Aolkata, elhi, (umbai or &hennai5. /he patent application passes through the following stages: ,. 2iling %. *ublication &. 0#amination . -pposition 0. :rant ,. 2iling =. ,pplicant : ,n application for a patent can be filed by the true and first inventor. !t can also be filed by the assignee or legal representative of the inventor. !f an application is filed by the assignee, proof of assignment has to be submitted along with the application. /he applicant can be national of any country. 7. 2orm of ,pplication: 0very application shall be accompanied by a provisional or complete specification. *rovisional applications are generally filed at a stage where some e#perimentation is required to perfect the invention. 2iling of a provisional specification allows the applicant to get an early application date. , *rovisional Specification shall contain: a. /itle, b. 1ritten escription, c. rawings, if necessary and d. Sample or model if required. /he complete specification shall contain: a. /itle, b. ,bstract, c. 1ritten escription, d. rawings 4where necessary5, e. Sample or (odel 4if required by the e#aminer5, f. 0nablement and %est(ode, g. &laims and h. eposit 4(icroorganisms5

a. /itle /itle is generally a word or a phrase indicating the content of the invention. b. ,bstract !t is a short paragraph describing the invention in a precise manner. c. 1ritten escription /his is an important part of the specification. !t contains the complete and elaborate description of the invention. 1ritten escription generally starts with a background of the invention. /he written description e#plains the invention clearly and comprehensively, with the help of e#amples, drawings and models, where and when required. d. rawings /he written description might be supplemented with drawings, where and when required. /he drawings should be clearly labeled. e. Samples or (odels -n initiative of the inventor or when required by the patent e#aminer samples or models might be submitted to the patent office. Such samples or models will provide a better understanding of the invention. f. 0nablement and %est (ode /he applicant has to enable his invention in order to allow a person with ordinary skill in the art to make and work the invention. ?e should not only enable, the applicant should also describe the best mode of carrying out the invention. g. &laims &laims define the metes and bounds of the invention. /hey are the most important elements in a specification. h. eposit !f an invention involves microorganisms, which cannot be described by writing, a sample of the microorganism has to be deposited at an internationally recogni$ed depository. /here is an internationally recogni$ed depository at &handigarh , provisional specification cannot be filed if an application has been filed in a foreign country 4&onvention country5 before the !ndian filing and if the application is a *&/ application. , complete specification has to be filed within twelve months 4e#tendable to fifteen months5 of filing the provisional specification. 0ach specification should contain only one invention. !f there is more than one invention in a specification, separate applications have to be filed for each invention. >. *riority ate *riority date is the date of first filing allotted by the patent office to an application. !f a provisional application is followed by a complete application, the priority date shall be date of filing of the provisional application. !f an !ndian application is filed after a foreign or *&/ application, the priority date shall be the date of filing of the foreign or *&/ application. !f an application is divided into two applications, the priority date shall be date of filing of the parent application. *riority date is the date of reference used by the patent office to determine the newness of the invention. !f the claimed invention is part of public knowledge before the priority date, it will not be eligible for a patent. Under US +aw, priority date is pushed back to the date of conception for determining novelty and 6on-obviousness. ;. *lace of 2iling , *atent application can be filed at any of the four patent offices in !ndia. *atent -ffices are located at Aolkata, 6ew elhi, &hennai and (umbai. <. ocuments to be submitted at the time of filing. /he following documents have to be submitted at the time of filing a patent application:

a. 2orm = - ,pplication for the grant of patent. b. 2orm 7 - *rovisional or &omplete Specification. c. 2orm > - Statement and undertaking by the applicant. d. 2orm < - eclaration as to inventorship. e. 2orm 7B - ,uthori$ation of patent agent or any other person. *riority document details have to be filed for a &onvention application. %. *U%+!&,/!-6 , patent application will be published on e#piry of eighteen months after the priority date. !t can be published earlier, if such a request is made by the applicant. /he application will not be published if directions are given for secrecy, until the term of those directions e#pire. !t will also not be published if the application is withdrawn three months before publication date. -n publication, specification including drawings and deposits shall be open for public inspection. /he rights of the patentee start from the date of publication but they cannot be enforced until after patent grant. &. 0C,(!6,/!-6 =. )equest for 0#amination /he process of e#amination starts with a request for e#amination. /he request has to be made within >B months from the date of priority or filing. ?owever, if secrecy directions have been given for the application, the request can be made si# months after the directions are revoked or thirty si# months from the date of priority or filing, if that date is later. 7. 0#amination -n receiving the request, the controller shall direct the patent application to the 0#aminer for e#amination. /o start with, the e#aminer makes a formal e#amination by verifying the propriety and correctness of all documents filed with the application. +ater, he verifies the patentability of the application. /he patentability analysis includes all patentability requirements. ,fter confirming that the application falls within the scope of patentable subject matter, the e#aminer conducts a prior art search to check if there is prior art, which anticipates the invention claimed. *rior art search for anticipation includes search for anticipation by publication, filing of complete specification, etc. ?e then verifies the e#istence of inventive step, !ndustrial application, and 0nablement and %est mode. /he e#aminer will give the e#amination report within = month from the date of reference by controller and that term shall not e#ceed three months. !f the e#amination report is adverse, the controller sends a notice to the applicant and gives him an opportunity to correct and if necessary an opportunity of hearing. /he &ontroller might ask the applicant to amend the application in order to proceed further. !f the applicant does not make such changes, the application might be rejected. /he &ontroller has the power to divide the application, post date the application, substitute applicants and reject the application. ,n order of division will be given if the application contains more than one invention and if it is required to file separate applications for each invention. /he application might be post dated to a period of si# months if requested by the applicant. Substitution of inventors is generally done if the inventor has been wrongfully mentioned or if a joint inventor has not been mentioned in the application. /he controller has the power to reject the application, if the applicant does not comply with his requirements. . -**-S!/!-6 =. *re-grant -pposition ,ny person can file an opposition for grant of patent after the application has been published. -pposition may be filed on any of the following grounds: a. 6on compliance of patentability requirements. b. 6ondisclosure or 1rongful disclosure of genetic resources or traditional knowledge.

7. *ost-grant -pposition ,ny person can file an opposition within a period of twelve months after the grant of a patent. !t can be filed based on the following grounds: a. 1rongful obtainment of the invention by the inventor. b. *ublication of the claimed invention before the priority date. c. Sale or !mport of the invention before the priority date. d. *ublic use or display of the invention. e. /he invention doesn3t satisfy the patentability requirements. f. isclosure of false information to patent office. g. ,pplication for the invention is not filed within twelve months from the date of convention application. h. 6ondisclosure or wrongful disclosure of the biological source. i. !nvention is anticipated by traditional knowledge. >. *rocess of -pposition -n receiving a notice of opposition, the controller notifies the patentee. ?e then constitutes an -pposition board to deal with the opposition. /he -pposition board decides the issues after giving reasonable opportunity of hearing to both the parties. /he -pposition board might invalidate the patent, require amendments or maintain the status quo. !f amendments are required, they have to be made within the prescribed period in order to maintain the patent. 0. :),6/ !f the application satisfies all the requirements of the patent act, the application is said to be in order for grant. ,n application in order for grant shall be granted e#peditiously. , granted patent shall be published in the official ga$ette and shall be open for public inspection. 0very granted patent shall be given the filing date. /he patent will be valid throughout !ndia. , granted patent gives the patent holder the e#clusive right to make, use, sell, offer for sale and import the product or use the process. ?owever, the government can make use of the patent for its own purposes or for distributing an invention relating to medicine to hospitals and dispensaries. 2urthermore, any person can make use of the patent for e#periment or education.