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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.

Contact Experts with the Best Understanding of International Patent Process

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.

IPFlair can assist you to patent a programme and provide you with possible solutions to help you submit a software patent in India or determine the patentability of software in India. IPFlair’s specialist staff can assist you in determining the patentability of inventions and patents that involve one or more software.

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.

To seek our assistance on software patent in India, call us on 1800-123-1474. Our friendly and professional team will be more than happy to help you.

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Meet Our Team

Mr Khaja Safiullah Haruni

Executive Director – IPFlair India

B.E., M.Sc.,
Robert Gordon University,
United Kingdom

Harish N

Principal Associate
B.Tech., LL.B.
IIT Kharagpur
Patent Attorney

Priya Sharma

Manager -Patent Drafting and Prosecution

Rishi Verma

Manager- Patent Analytics
B.Tech (E&E)
Vellore Institute of Technology,

Sahana R

Manager -Patent Drafting and Prosecution
Mount Carmel College,

Anusha Chakraborty

Patent Professional


Prakriti Bhattacharya

Senior Business Development Executive
B.Tech (E&C),
RGPV, Bhopal

Madiha Makandar

Patent Professional

PES Institute of Technology

Namrata VB

Patent Professional
R.V College of Engineering,

Priyansha Sharma

Patent Professional
B.Tech (E&E),
KIIT University

Jithinraj PR

Patent Professional
Dr. APJ Abdul Kalam Technological University,

Pooja Gupta

Patent Professional

B.Tech. & M.E.
(Computer Science)

Madhusudan H. C.

Patent Professional
Bachelor of engineering (BE)
in Electronics and Communication

Ajan A

Patent Professional

M.Tech. (Power Systems),
Christ University, Bangalore

Komal Khare

IP Attorney
Karnataka State Law University & Symbiosis Law School,

Srilekya Kolli

IP Administrator
Alliance School of Law,
Alliance University

Vinay B Naik

Senior Business Development Exe.
B.Tech (Mech)
MSRIT Bangalore, MBA

Bijoylaxmi Garg

Business Development Executive
B.Sc., MBA ,
Uttarakhand Technical University

Moohib Khan

Business Process Associate (Computer Science),
Imperial College of Management, Bangalore

Priyanka Vhanmane

Patent Professional
Sir M Visvesvaraya Institute of Technology

Paridhi Somani

IP Administrator

LL.B. New Law College

Sangamithirai V T R

Patent Administrator
KLE Society’s Law College, Karnataka State Law University

Prachi Pandey

HR & Operations Manager

B.A (E & M), MBA (HR & Marketing),
Delhi University

Swathi NA

Accounts Officer
(Sri Bhagawan Mahaveer Jain College)

Geeta Gopalakrishna

Senior Accounts Executive
B.Com. Vijaya College

Why Us

Maintains Strict Confidentiality

IPFlair maintains strict confidentiality with each and every client by signing Exclusive Non-Disclosure Agreement (NDA), prior to receiving the Invention details. The NDA is signed and shared via email and as per the Section 4 of Information Technology Act 2000, any electronic data shared is considered to be legally recognised.

Registered Indian Patent Agents

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).

Experienced Patent Professionals and Patent Attorneys

IPflair has Technical and Legal Expertise with at-least MTech or PhD Background, alumnus of reputed institutes such as IIT, NIT, IIT or international university, with minimum 2-10 years of Experience in various facets of Intellectual Property Rights such as Patent Searching, Drafting, Filing, Prosecution and Litigation.

Patent Commercialization Aspect

Patent acts as an Intangible Asset, Each and Every Patent can be Evaluated with a Net Present Value. However, the Valuation depends on the scope of the invention covered in a Patent Application. Our team of experts drafts the Patent Application by considering the Commercialization aspect and increasing the Valuation of a patent.

IPflair Clients

IPflair currently works with around 300+ Start-up’s/Individuals in India/abroad. We have signed an MOU with Government of Karnataka to assist various Elevate 100 Start-ups.

Best Cost Effective Pricing

IPFlair provides best cost effective prices across India for any Intellectual Property related Services. IPflair is a social initiative by the San Francisco based Parent Organization (IPExcel) to help the Individuals and Start-ups of India in Protecting their Intellectual Property at affordable prices.

Filed around 2000+ Patent Applications

We have filed around 2000+ Patent Applications in India, Abroad and PCT with a very high Success Rate. For filing patent applications in foreign countries, we have network with patent attorneys across the globe.

Our Milestones

To obtain a software patent in India consult IPFlair team.We provide you with possible solutions to help you submit an international patent application & to know patentability of software in India.
IPFlair’s specialist staff can assist you in determining the patentability of software in India and software patent in India which is already patented.
IPFlair can advise you on the most effective tactics to patent a software in India or computer-related invention in India and other countries. Apply for software patent in India & international patent at affordable prices
We provide timely and cost-effective services to register an International Patent or software patent in India.

Get In Touch


IPFlair is a largest patent company in India specialized in intellectual property & Patent Filing in India. Use our patent cost calculator India & Patent online with our expert team as we help startups to protect & develop their ideas through the patent filing process.


IPflair Garden Layout, Sector 2, HSR Layout, Bangalore-560102, Karnataka
Ph.No: 1800-123-1474 E-mail:


IPFlair is a largest patent company in India specialized in intellectual property & Patent Filing in India. Use our patent cost calculator India & Patent online with our expert team as we help startups to protect & develop their ideas through the patent filing process.


IPflair Services Private Limited, Indiqube Lakeside, Green Glen Layout, Bellandur, Outer ring road, Next to Salarpuria Softzone, Bangalore – 560103
Ph.No: 1800-123-1474 E-mail:


IPflair is one of the most referred Patent companies in India having a vast network and industry tie ups to help a patent owner in licensing/monetizing through Patent filing in India. We provide patent cost calculator india through which you can take decisions for patent filing.


IPflair,T-Hub, IIIT-Hyderabad Campus, Gachibowli, Hyderabad, Telangana 500032
Ph.No: 1800-123-1474 E-mail: