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Software Patent in India
In today’s digitally-connected era, software assets are some of the most vital and valuable resources for organizations. As such, these assets require protection in the same way as any other intellectual property. Securing software patent in India can be a bit tedious and time – consuming journey. Especially because the area of patent software is not straightforward. This is why you’ll benefit from having a patent specialist by your side who can help you understand the existing ambiguities in the process and come up with a successful solution in your favour.
At IPFlair, we are committed to provide top-level patent assistance for software related inventions and international patents. We have helped businesses and individuals seeking patent for their software by creating appropriate IP strategies that work. We guide our clients through the software patent landscape, helping select the patent protection and other IP protection methods best suited to them. If you’re looking to patent a software in India and want to get it done seamlessly, look no further. With us, your valuable software inventions will never go unprotected. That’s an assurance!
Contact us today to discuss your needs and options with our software patent specialists.
Do You Want to Patent a Software in India?
With the world going digital, software programs are an inevitable reality of our lives. They are a part of pretty much everything — the way we live, work, entertain, relax, shop or anything else. The growing need, demand, and the overall ubiquity of software has led to a boom in the number of companies creating, developing, and launching software products. The race to digital transformation is also driving software development initiatives, causing India’s software market to exceed an estimated value of US$ 8.2 billion. With such expansion and growth of the software industry, there is a heightened need for businesses and inventors to secure and protect their software assets.
In India, the laws pertaining to software patent in India are not very clear. While software, in and of itself, is not a patentable matter under Indian laws, patentability of software in India depends on many factors. There are unique conditions under which software may be considered patentable. Plus, there can be eligibility issues during the filing of a software patent application. When your software patent application is drafted by a knowledgeable and experienced patent attorney, it maximizes your chances of securing a software patent in India.
Our team at IPFlair has the expertise to help you navigate the software patent filing process smoothly and ensure the claims are prepared as meticulously as possible to give your software patent application a winning chance.
Patentability of Software in India
As we mentioned before, software per se is not patentable in India. However, an inventor can patent a software in India which is a part of an invention that’s new, unique, and capable of producing industrial result. The software invention must be unknown to the public, must not be disclosed in any publication or been in use anywhere in the world before the date of filing a patent application.
In order to obtain a software patent in India, one must aptly demonstrate in their application that their invention:
The way the invention is disclosed in the patent application — in other words, the drafting of the patent application — must meet certain substantive and formal standards. The use of correct language and choice of proper words can play an important role in determining the outcome of your patent application.
As you can see, software patents must be filed keeping in mind many specifications, which add up to make software patent application particularly tricky, especially for those who lack the knowledge or time to pursue the process up to the last step.
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By overcoming legal and/or technical objections raised by the IPO at IPFlair, we provide timely and cost-effective services to register/grant your patent applications in India.
The term “patent” continues to be the most sought-after in the business and research and development sector when looking for further information and guidance on the internet. You may be looking for information after reading about patent-related news and being affected by the idea of having intellectual property rights for the invention.
We’re here to assist you in understanding the process of patentability of software in India. Thanks to our years of experience and exceptional team of patent experts and techies, we have an excellent track record of preparing, filing, and prosecuting patent applications at the IPO with high success rate.
Why do you need to obtain a software patent in India?
In today’s digital world, software is critical in information technology, telecommunications, artificial intelligence, machine learning, deep learning, blockchain technology, the internet of things, and the automobile industry.
Technology start-ups, institutes, and multinational corporations (MNCs) innovate in the technology mentioned earlier, generating either novel software or innovative products that leverage innovative software to improve product performance. It is now critical to safeguard such software from unauthorised use.
By filing Patent applications, you can protect software or computer-related ideas using one of the most potent instruments available. We’ll go over the Indian Patent Law and guidelines for software patents in the paragraphs below. We’ll also talk about the prerequisites for software patentability and how to go about patenting software or computer-related innovation.
We make the process of patent application easier
In India, the term “software patent” is commonly used to refer to patents for computer-related inventions, even though the word “software patent” is not defined in any Indian statute.
Instead, computer programmes, algorithms, and computer-related inventions are used in Indian statutes and government guidelines, which might be construed as software in layman’s words. However, in our explanations below, we will use the terms “software” and “software patent” for the sake of clarity for our readers.
The term “per se” is not defined in Indian law. However, the Office of the Controller General of Patents, Designs & Trademarks’ Computer Related Invention (CRI) guidelines from 2017 state that the term “per se” should be interpreted using a dictionary definition. The Oxford Advanced Learners Dictionary defines “per se” as “by itself,” implying that you’re talking about anything that exists independently of other things.
After reading this, you would think that you can’t patent software in India, but you are be wrong. In India, software patents are awarded; however, unlike other technical fields, software patentability is not a simple topic that requires skill in preparing and prosecuting software patent applications.
How do you get a software patent in India?
Even though the software can be patented in India, it is still a complex procedure compared to any other technology subject. Novelty, innovative step, industrial application, and overcoming section 3(k), which declares computer programmes and algorithms as non- patentable subject matter, are prerequisites for software patentability. Proving inventive steps and overcoming section 3(k) are two conditions that can be challenging to meet in India.
To obtain a software patent in India, the person drafting the application must indicate the features that demonstrate technical advancement and technical effect in the claims. Such claims are correctly enabled in the software patent application’s specification. A strategy like this would considerably improve the odds of obtaining a patent for a software invention.
We will help you receive an international patent minus the hassles
IPFlair can advise you on the most effective tactics for patenting software or computer-related invention in India and other countries. With its professional team, IPFlair can assist you in determining the patentability of software-related inventions and filing a software patent.
Whether you have questions regarding patentability of software in India or you’re looking for more information on international patent, we are your best guidance on everything related to patents.
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Robert Gordon University,
Principal Advisor & Patent Attorney
M.S. (Electronics) | Ex-GE
| Ex-Lockheed Martin
| Ex-Northrop Grumman
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IPR GGS IP University-Delhi
Manager – Patent Drafting
Karnataka State Law University & Symbiosis Law School,
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LLB-Cyber Laws University of Petroleum and Energy Studies (UPES), Dehradun
Alliance School of Law,
KLE Society’s Law College, Karnataka State Law University
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IPFlair has the Registered Indian Patent Agents, authorized by the Government of India, We can file a Patent Applications as per the Indian Patents Act and file the same in the Designated Patent Offices across India. Just to mention few Patent Agent Details: Mr. Dinkar Agrawal (Patent Agent Number: IN/PA 2502) & Mr. Vidya Bhaskar Singh Nandiyal (Patent Agent Number: IN/PA 2912).
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