In India, software as such cannot be patented because it falls under the category of “computer programs per se”, which are excluded from patentability under the Indian Patents Act, 1970 (and as interpreted by the Patent Office and courts). Key Points About Software Patents in India: 1. Computer Programs Per Se Are Not Patentable The Indian Patent law explicitly excludes “computer programs per se” from patent protection. This means pure software or algorithms by themselves cannot get a patent. 2. Patent Protection Possible When Software is Part of a Novel Invention Software may be patentable if it demonstrates a technical effect or is combined with hardware to produce a novel and inventive technical solution. For example, software that improves the functioning of a device or controls an industrial process can sometimes be patented. The invention must solve a technical problem in a technical field, not just be a business method or mathematical method implemented on a computer. 3. Guidelines by the Indian Patent Office The Patent Office follows guidelines that exclude mere software but allow patents if the software has technical advancement or a technical effect beyond standard software functioning. 4. Business Methods and Algorithms Business methods implemented by software, algorithms, mathematical formulas, or abstract ideas are not patentable in India. Summary: Pure software or computer programs as such are not patentable in India. Software combined with novel hardware or providing a technical solution can be patented. Patent applications must clearly demonstrate the technical effect and inventive step beyond a mere software routine.

Dear Client, The simple solution to this question is no, software per se cannot be patented in India. Nonetheless, exception and interpretations are significant, and patents are possible in cases where inventions are related to software. Under the patents Act, 1970, in Section 3(k), it is mentioned that: a mathematical or business method or a computer programme in itself or algorithms are not inventions and hence cannot be patented. The most important aspect of interpretation is the word per se (meaning, by itself or as such). Patentable Subject Matter and Interpretation. A more subtle strategy has been embraced by Indian courts and the Indian Patent Office (IPO) to permit patent protection of computer-related inventions (CRI) which exhibit a technical effect or a technical advancement higher than simply the execution of the software on a traditional computer. A software-based invention has to: Solve a Technical Problem: The invention should provide a technical solution to a technical field of problem. Involve Novelty and Inventive Step It must be new (novel) and non-obvious (involve an inventive step) over existing technology. Not be a Per Se Program: The assertion must go beyond the code or the program itself. Rather, the assertion should be based on the integration of the software and hardware or the execution of the software, which leads to a physical, technical advancement in the operation of a machine or a process. Ruling: A program which simply computes stock prices is not probably patentable (business method and per se program). Not all programs which are used to control a new robotic arm to execute a specific surgical procedure would be patentable though, since it is the technical method/system using the software to generate the code which would be patented, rather than the code itself. The most current guidelines provided by IPO point to the fact that the mathematical or algorithmic component cannot be patented, however, the actual implementation of the algorithm which results in a physical or technical enhancement is patentable. I hope this answer helps; if you have any further questions please don't hesitate to contact us. Thank you