Can computer software be patented in India?

Under Section 3(k) of the Indian Patents Act, computer programs as such are not considered patentable subject-matter, but they may be protected under copyright law. An invention containing a computer program may be patentable if an essential part of the invention claimed is subject-matter other than a computer program and if this subject-matter is sufficiently disclosed in the specification.

For more details, see the Manual of Patent Office Practice and Procedure.

• Indian Copyright Act (go to "Act and Rules" in the left-hand navigation)
• Manual of Patent Office Practice and Procedure

If you require a more detailed answer, please send us your question using the contact form.