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?
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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
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