Can you patent a computer software in India?

No, you cannot patent a computer software in India. Section 3(k) of the Indian Patents Act doesn’t consider computer programs as a part of the 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.

So, while you cannot patent a computer software in India, you can still secure patent protection for it. All you need to do is present it along with a physical representation such a computer program which can clearly work on a computer.

Related FAQs:

Can I access the documents in the file of an Indian patent application?

What is the time limit for responding to office actions in India?

Can I submit third-party observations on an Indian patent application?

How can I challenge a granted patent in India?

Also, do make sure that you check out this free e-book: A Quick Guide to Patents. Basically, it deals with basics of patent procedures.

A Quick Guide to Patents - patent a computer software in India

A Quick Guide to Patents

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