First Published Date: 24th December, 2007 Abstract Patentability of computer programs is fraught with ambiguity because of multiple reasons. One of such reasons is the uncertainty and inadequacy of tests to determine patentability. Courts in the US have been struggling to evolve a test that would cover the complete continuum of innovation in computer programs, which manifests in terms of form or function or both. All tests adopted by the court either focus on only form or function, thus missing out the…