Decoding India's New 2025 CRI Guidelines: A Game-Changer for AI, Software, and Tech Patents

The Indian Patent Office (IPO) has just ushered in a new era of clarity for tech innovation. On July 29, 2025, the IPO released its long-awaited Guidelines for Examination of Computer-Related Inventions (CRIs), 2025. For technology companies, software developers, AI innovators, and startups across India, this is a pivotal moment.

We've analysed the comprehensive document, and the message is clear: the IPO is providing a more structured, predictable, and modern framework for patenting technology. These guidelines move away from ambiguity and offer a clearer roadmap for protecting software and emerging tech inventions.

Here’s our breakdown of what you need to know.

The Headline News: Structured Tests for Section 3(k)

The biggest challenge for CRI patents has always been navigating the exclusions under Section 3(k) of the Patents Act, 1970. The 2025 Guidelines replace ambiguity with a structured, step-by-step assessment for each of the four exclusions.

1. Computer Programmes per se: The Focus is on "Technical Effect"

This is the most significant development. The guidelines cement the legal principle established by Indian courts: you do not need novel hardware to patent a software-based invention. [Sec. 3.5.5]

The new test focuses on whether the software provides a tangible technical effect. If your invention uses a computer program to improve the computer's own functionality (e.g., faster processing, better memory management) or to control an external apparatus in an innovative way, it can overcome the exclusion. [Sec. 4.5.4, Table 1]

• Takeaway for Innovators: Your patent application must clearly demonstrate a technical solution to a technical problem. Focus on how your software enhances the system's performance or achieves a technical outcome in the physical world.

  
  

2. Algorithms: The "Enablement vs. Abstractness" Test

The guidelines now draw a sharp line between an abstract algorithm and a patentable, technically implemented one. An algorithm is only patentable if the application details its technical implementation and shows how it results in a technical solution to a real-world problem. [Sec. 4.5.3]

• Takeaway for Innovators: Simply claiming a sequence of steps is not enough. You must anchor your algorithm in a specific technical context, detailing the components and processes that bring it to life.

  
  

3. Business Methods: The Bar Remains Absolute, But Nuance is Key

The guidelines confirm that pure business methods remain unpatentable in India. However, they clarify that if the core of the invention is a technical improvement within a business context—like a new cryptographic method to secure online payments—it will not be excluded as a business method. [Sec. 4.5.2]

• Takeaway for Innovators: If your invention operates in a business environment, the focus of your patent draft must be on the underlying technical innovation, not the commercial strategy it facilitates.

  
  

4. Mathematical Methods: Practical Application is the Key

Similar to algorithms, a mathematical method is patentable if it has a practical application that results in a technical effect. A method for calculating a value is not patentable, but a method using that calculation to control a robotic arm or enhance a medical image is. [Sec. 4.5.1]

Spotlight on Emerging Technologies: AI, Blockchain, and Quantum Computing

For the first time, the IPO has provided specific guidance for examining inventions in today's most disruptive fields. [Sec. 5]

• For AI/ML Inventions, Disclosure is Everything: The guidelines place immense emphasis on the Sufficiency of Disclosure. Citing landmark cases like Caleb Suresh Motupalli v. Controller of Patents, the IPO makes it clear that a patent application cannot be a vague promise of future potential. [Sec. 5.2.2]Applicants must now provide specific details on:

  • The AI/ML model architecture.

  • The characteristics of the training data.

  • The pre-processing steps and training methodology.

    
    

• For Blockchain and Quantum Computing: The message is consistent: while the underlying theoretical principles are abstract, their practical, tangible applications that solve real-world technical problems are patentable. [Sec. 5.3, 5.4]

  
  

What This Means for Your IP Strategy: Key Actions for Innovators

1. Re-evaluate Your Patent Drafting: Your patent applications must now be drafted with an explicit focus on the technical problem, the technical solution, and the resulting technical effect. The "how" is more important than ever.

2. Prioritise Detailed Disclosures for AI: For AI/ML inventions, a robust disclosure is no longer optional; it is the key to patentability. Your technical specifications must be detailed enough for someone skilled in the art to reproduce the invention.

3. Shift Focus from "Hardware vs. Software" to "Technical Contribution": The debate is settled. The value of your software invention lies in its technical contribution, not in whether it's tied to a new piece of hardware.

4. Leverage the New Examples: The IPO has provided 40 detailed examples of allowable and non-allowable claims in Annexure I. These are invaluable resources for understanding the examiner's perspective and for strengthening your own applications.

   
   

Our Perspective

The new 2025 CRI Guidelines undoubtedly mark a pivotal moment for India's technology and innovation sectors. Navigating this updated framework effectively will be crucial for securing robust intellectual property rights. At BRB Legal, we are dedicated to dissecting these legal shifts to provide our clients and the broader industry with clear, insightful analysis. We will continue to monitor the on-ground implementation of these guidelines and their judicial interpretation to keep our stakeholders informed.