Software/Computer Program Patent in India

Software patent or patents specifically for computer programs, software and mobile applications are highly debated topic in Indian Patent ecosystem as they are primarily blocked by Section 3(k) of Indian Patent Act.
Additionally, any software/computer program/mobile application devised to enact a mental act is further blocked by Section 3(m) of Indian Patent Act.
So, common question arises that how an inventor can protect his invention pertaining to software/computer program/mobile application.

How To Draft a Software/Computer Program Patent?

However, computer program per se is not patentable in India but Indian patent does not rejects a software/computer program/mobile application patent on absolute ground especially when the software/computer program is enacted by a novel system or device OR software/computer program is part of larger system. Consult a patent attorney/lawyer/agent to understand exactly how you patent your novel software. Software Patents in India is granted for an embedded software in a mobile application, and/or software plus hardware combination. However, patent law in India does not allow patent protection for software per se, whereby patenting a computer program is prohibited.

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