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Is it possible to file software patent in India

In this post, I am going to explain about "Patentability of Software Inventions in India". It is a long battle in the plethora of information of which you find very hard to understand and implement. Different websites have different opinions. But In this post, you will find the exact rules and regulations implemented on Software Patents by Indian Intellectual Property Law and Indian Patent Act, 1970 and also research based facts present on "Internet Repository".

Section 3 of Indian patent act, 1970 tells you about "What are not inventions". In point number "k", you can see

(k) a mathematical or business method or a computer programme per se or algorithms;

is not eligible to get a patent in India.

What does the line "
Computer Programme per se or algorithms" means?

I think to get the best out of this line is to research and gather more information about it on the internet. I have gone through 
USPTO website and found "Patent Subject matter Eligibility". USPTO provides a hard language to explain the patentability of inventions. But, I had found something interesting in the points.

In the non limiting example of claims point number 4 (
you can check it by clicking here). I have found the word "computer program per se"  with case Gottschalk_v._Benson.

Now, My initial research gives me a case citation. After that, I had researched it on Internet Repository and found something interested matches with Indian Patent Law, 1970 (Section 3(k))

In Gottaschalk V Benson,

"Supreme Court of U.S ruled that a process claimed directed to numerical algorithms are not patentable."

After more research, I found something useful

According to Manual of Patent Office Practice and Procedure, 2011 

Indian Patent Office gives broad explanation to "Computer program per se", which is

If the claimed subject matter in a patent application is only a computer programme, it is considered as a  computer programme per se and hence not patentable. Claims directed at computer programme products‘ are computer programmes per se stored in a computer readable medium and as such are not allowable. Even if the claims, inter alia, contain a subject matter which is not a computer programme, it is examined whether such subject matter is sufficiently disclosed in the specification and forms an essential part of the invention.

Initial Research Conclusion

If you want to patent a software in India then it must not "Computer program per se" or just a computer program. "Computer software with technical application to industry or used with Hardware" is patentable.


This post is for information purpose only and doesn't constitute any legal advice/suggestion etc. I am not responsible for any action taken by you after reading this post.