Software refers to the programs and the instructions that a computer uses to operate. Computer software, which is intellectual property, is considered valuable. It can be protected by either copyright or patent, but the prerequisite requirements vary for the same purpose. A computer program "refers to a set of instructions expressed in words, codes, systems capable of causing a computer to perform a particular task or achieve a particular result," according to clause 2(ffc) of the Copyright Act of 1957. Section 2(o) includes computer programs under the literary work category. The software must be generated with skill, effort and original expression of thought. The question that arises relates to which part of the software is protected by the Act because non-literary aspects of the software may also be included. The protection with regard to copyright law extends to the use and substance of the work and not the concept behind the work. The protection of software under this Act, therefore, extends to prevent others from copying and replicating the code but does not extend to the protection of the thought process or the idea behind the code. One test to determine if an infringement has occurred is to determine whether two programs have the same "look and feel". The plaintiff claims ownership rights over various software produced by them in the case of 'Microsoft Corporations Vs Yogesh Papat (2005),' and the license to use the same is given to the purchaser of this software. A petition was filed for compensation and injunction to restrict the defendant because without the license they were using the software and uploading the same to new hardware. For a sum of 19.75 lakhs, the Delhi High Court granted the injunction and damages because the defendants had violated the plaintiff's copyrights over the software produced by them. A patent is granted to an individual who has invented an article that is helpful. "A mathematical or business method or a computer program per se or algorithms" cannot be considered as an invention according to Section 3(k) of the Indian Patents Act 1970. The words per se have been added because there might sometimes be certain ancillary software developments that could be considered as an innovation. An invention is an invention that has not been in the public domain and must not be apparent to an individual who is qualified in that particular field of art. Industrial use, inventiveness, technical advancement and novelty are the requirements for obtaining a software patent. Increasing innovation and reducing the monopoly of a few companies is the reason behind not granting patents to software per se. In the case of 'Accenture Global Service GMBH Vs Assistant Patent & Design Controller and Patent Examiner (2012),' the IPAB held that the 'novel hardware' requirement is not a precondition and that it was not software per se, but web services. The patent was, therefore, granted. In reference to the above clause, the "Guidelines for the Examination of Computer Related Invention (2017)" have sought to reduce certain ambiguity. However, if the conditions for patentability are fulfilled, the computer program may be protected as patents, but software or computer programs are mainly subject to copyright. Although patents provide better protection over the use of the work, copyright is the software's first right, which is automatic once the work is created. The software so created (if original creation) will be protected under the Copyright laws unless the owner is able to satisfy the patent conditions.

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