Patents for Software in India
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Patentability of Software in India
Patents for 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
- contains patentable subject matter
- is innovative
- is capable of industrial application
- involves an inventive step (be non-obvious)
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.
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, software patenting 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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What Our Clients Say
IPflair has been my preferred IP partner for my startup ventures since 2018. Our first Patent got approved within 18 months and IPflair played an important role in the entire process -their quality of patentability search reports, fast learning curve on the subject matters, drafting and overall diligence process has been quite amazing. We are continuing to bank on them for our IP portfolio management, including India PTO and PCT applications.
Founder, Wellnesys Technologies pvt. Ltd.
IPFlair has been a strategic IP partner for TruthShare right from our incorporation. Working with IPFlair, our first patent has been granted in India in less than 1 year. The patent has also been published by US patent office and filed with WIPO. We have now worked with IPFlair on 10+ patents and filed them in multiple geographies. All these patents are in the cutting edge technology areas like privacy, blockchain and cryptography. I would certainly recommend IPFlair to Indian companies, startups and individuals looking to protect their innovation in India and abroad.
Director, TruthShare Software Private Limited
The service provided by IPflair was very professional. The patent search made by them is very comprehensive and saves a lot of time. The main advantage of working with them was their attorneys’ exposure to Technology & Engineering, they were understanding our product very well and drafted the patent appropriately thus enabling us to obtain the patent in a single attempt. Wishing them all the best for further endeavours.
Individual Inventor
IPflair is good at demystyfying the entire aspect IP filing. They are systemic, frank, knowledgeable and open to customer idea. What I liked most about them is the speed of execution. I thank the entire team of IPflair and specially Harish N for his multiple technical discussions with me. You can trust IPflair. They deliver.
Founder & CEO, Price Eagle, Hybrid Mind India Pvt.Ltd
Professionalism and perfection at each stage of the process!! It is just a thought in my mind that came out of my real life pain point and possible solution to that. The rest of the things, IPflair team took it from there with their technical expertise and professionalism to get the patent grant in a very short time. Because of the IPflair, me as a Home maker could be a patent owner in such a short time. In depth analysis of the idea for extensive search for previous artifacts, excellent drafting and technical representation at the hearing, resulted with a great result
Individual Inventor
I selected IPFlair for the patent application process of an application process and design. I was handheld on the whole process, the team was with me, clearing my queries, suggesting changes and improvising the documentation flow all along. I was kept apprised on the status at every stage. Finally, we got the patent approved within 9-10 months, without IPFlair, it would have been complicated. I appreciate their efforts, communication mechanism and commitment towards achieving the set goal. I have already recommended them to a couple of enquiries and would continue to do so for whomever that asks.
Director / CTO, Ezcliniq Health Care
IPflair has helped us get our patent for our hydroponic system in India. This is the only patented hydroponic system in India. Their expertise and experience in the intellectual property area has helped us to achieve this. Mr. Khaja was great to work with! Highly Recommend IPflair!
Founder, Long Tunnel Farms
Because it’s such a technology-based industry, everything is person to person. IPflair team caters to the individual and professional need.
Individual Inventor
IPflair has a very competent team. We have received very professional support from IPflair during the entire journey of Patenting process viz. FTO to Patent filing and obatining granted Patent.
Director, Centimetre Technologies Private Limited
Team IPflair demonstrated exemplary professionalism and attention to detail in executing all the stages necessary to take me from drafting till grant of my patent on the Electric Powered Parxxxxxx (2019210xxxxx). I was most impressed with the team’s ability to grasp technological fine points of a domain that’s not very often encountered in this pursuit. That dexterity was instrumental in executing an extensive novelty search and thus setting a solid fountain in the formulation of the description and claims. This was later reinforced during the prosecution and the response to the examination eventually leading to an expedited grant in a little over a year from first approaching them. All of this done at a reasonable fee. I would most favourably recommend their service.
Individual Inventor
Executive Director – Management
B.E., M.Sc.,
Dip.-IPR
Robert Gordon University,
United Kingdom
Managing Partner – Patent Attorney
M.S. (Electronics) | Ex-GE
| Ex-Lockheed Martin
| Ex-Northrop Grumman
M.Tech.,
PG Dip.
IPR GGS IP University-Delhi
Reg- Indian Patent Agent
Vice President – Patent Analytics
Vice President – Patent Drafting
M.Tech- NIT Kurukshetra,
PGD-Patent Laws
Reg- Indian Patent Agent
Vice President – Business Development
B.Tech (Electronics and Communications) Rajiv Gandhi Technical University, Bhopal.
Reg- Indian Patent Agent
Vice President – IP Filing
BBA.LLB., LLM.IPR
Karnataka State Law University & Symbiosis Law School, Pune.
IP Attorney & Reg- Indian Trademark Agent
B.Tech And LLB.
Reg- Indian Patent Agent
B.Sc., M.Sc. (Electronics) Mount Carmel College, Bangalore
Reg- Indian Patent Agent
IP Attorney – Patent Filings
LL.B.
New Law College Pune
Reg- Indian Trademark Agent
M.Tech. (Power Systems), Christ University, Bangalore.
Reg- Indian Patent Agent
B.Tech. in Electronics and Communications and LLB
Reg- Indian Patent Agent
Integrated B.tech (CSE),
LLB-Cyber Laws University of Petroleum and Energy Studies (UPES), Dehradun
B.E. from Babasaheb Ambedkar Marathwada University, Aurangabad.
Reg- Indian Patent Agent
Senior- Patent Professional
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