Guidelines formulated by WIPO that talk about the patentability of Computer

Programs (specifically apps)

Article 4 of WIPO Copyright Treaty talks about patentability of computer

programs
Berne Convention (article 2) protects copyright of artistic and literary works.

Computer Programs is one of the literary works

Article 10.1 of TRIPS talk about the patentability of computer programs
Article 27.1 of TRIPS states In principle, Patents shall be available for any
inventions whether product or process, in all fields of technology, provided that
they are new, involve an inventive step and are capable of industrial application.
The principle does not exclude computer programs as such instead mentions, all
fields of technology.

Procedure for PCT National Phase Application

General
1. The national phase follows the international phase. It is necessary for an applicant to
file a national phase application in each designated country, where protection is
sought for, within the time prescribed under PCT, i.e., within 30 months from the
priority date. However, this time limit may be increased through National Laws by
each member Country. Indian Patent Law provides a time limit of 31 months from the
priority date. Some countries allow extension of such time limit on payment of
additional fee.
2. For making a national phase application before a Designated Office, the applicant
shall:
a. pay the prescribed national fee; and
b. file a duly verified translation of the basic application, if necessary.
3. International filing date is the deemed date of filing in India if the applicant enters the
national phase in India by filing a National Phase Application within thirty one
months from the date of priority.
4. The international filing allows the preservation of priority from the date of filing of
first application in the convention country.

5. This is a simple and economical procedure for the applicants seeking protection for
their invention in many countries.
6. After the International Application is filed, the applicant gets an International Search
Report (ISR) and a written opinion on the patentability of the subject matter. The
applicant may file a demand for an International Preliminary Examination. The
applicant, then, may decide to enter a national phase.
Can we apply under PCT directly without National Application?
The purpose of the PCT is to streamline the initial filing process, making it easier and
initially cheaper to file a patent application in a large number of countries. A PCT application,
as such, is not an actual request that a patent be granted, and it is not converted into one
unless and until it enters the "national phase". 1
It is necessary for an applicant to file a national phase application in each designated country,
where protection is sought for, within the time prescribed under PCT, i.e., within 30 months
from the priority date. (Article 22 and 23 of PCT)
Tenure of the protection granted
An exclusive right granted by law to an applicant for an invention for a limited period of time
(generally 20 years from the time of filing). The patent holder has the right to exclude
others from commercially exploiting the invention for the duration of the patent term. In
return, the applicant is obliged to disclose the invention to the public in a manner that enables
others skilled in the art to replicate it. The patent system is designed to balance the interests
of applicants (exclusive rights) with the interests of society (disclosure of the invention).
Patents are granted by national or regional patent offices and are limited to the jurisdiction of
the issuing authority. Patent rights can be sought by filing an application directly with the
relevant national or regional office(s), or by filing a PCT application.

1 Oxonica Energy Ltd v Neuftec Ltd (2008) EWHC 2127 (Pat)