Patents FAQs

Can software be patented in India?

Not as “a computer programme per se”, which section 3(k) excludes. But an invention implemented in software can be patented when it produces a technical effect or solves a technical problem, for example by improving how a device, network or system works. The Patent Office’s guidelines on computer-related inventions, revised in 2025, set out how examiners apply that test, and the Delhi High Court has read the exclusion narrowly since Ferid Allani v. Union of India (2019).

General information on Indian law, not legal advice. For advice on your situation, contact the firm.

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