Skip to content
Offer of the Day Free Billing Software with Company Registration. Valid today only Claim on WhatsApp
TaxhintAdvisors
Patents · Software & AI

Software Patent Filing in India — Software & AI Inventions

A software patent is possible in India, but only when your invention solves a technical problem. Code alone, an algorithm alone or a business method alone is excluded by Section 3(k) of the Patents Act. We help you frame the invention, prepare the specification and file on the IP India portal.

Section 3(k) reviewProvisional or complete filingAI/ML disclosure draftingStartup fee rates
5000+ businesses served10+ years of practice · Pan-India
Get a free consultationWe reply within one working day

What it is

A software patent is a patent for an invention that runs on a computer and produces a technical result, such as faster processing, lower memory use or a measurable change in how a device behaves. India has no separate category for it. Your application is examined like any other patent and must be new, inventive and capable of industrial application.

The hurdle is Section 3(k) of the Patents Act, 1970, which says a mathematical or business method, a computer programme per se, or algorithms are not inventions. IP India’s Guidelines for Examination of Computer Related Inventions, revised in July 2025, ask whether the claimed invention shows a technical effect or technical contribution. A well-drafted application answers that question before the examiner asks it.

Who it applies to

Software and SaaS startups

Picture a Faridabad start-up that has found a new way to compress video for patchy mobile networks. A patent can protect that method. Copyright protects only the code written to run it.

AI and machine-learning teams

Your model architecture, training method or data-handling step may qualify if it improves how a system performs. A trained model pointed at an ordinary business task usually does not.

Embedded and device makers

Firmware that controls a sensor, a payment terminal or an industrial controller has the clearest route, because the software changes how a physical machine behaves.

Why it matters

Protects the technical idea

A rival can rewrite your code in a week. A granted patent covers the way your invention works, whatever language or framework they pick.

Raises investor confidence

Investors ask what is protectable in a software company. A published or granted patent gives them something concrete to value.

Sets the 20-year clock early

A patent lasts 20 years from the filing date under Section 53. A provisional specification fixes your date while you keep building.

Founders often ask which one to pick. They protect different things, and many products need both.

PointPatentCopyright
ProtectsThe technical method or systemThe source and object code as written
Needs noveltyYes, worldwideNo, only originality
ExaminationYes, on requestRegistration is simple
Term20 years from filingAuthor’s life plus 60 years

If you only need to show who wrote the code, our software copyright registration is quicker. Where the method is the valuable part, a patent is the stronger shield.

Documents required

Technical material

  • Problem the software solves and how existing tools fall short
  • Flow diagrams, architecture diagrams and system block diagrams
  • Step-by-step description of the method, with examples
  • For AI: network architecture, training data handling, learning method

Applicant and inventor details

  • Name, address and nationality of each applicant and inventor
  • Proof of incorporation for a company or startup
  • Startup recognition or MSME registration if you claim reduced fees

Filing forms we prepare

  • Form 1 (application) and Form 2 (specification)
  • Form 5 (declaration of inventorship)
  • Form 26 (authorisation) and Form 28 for small entities and startups
  • Form 18 or 18A for examination, when you are ready

How it works

1

Check the invention against Section 3(k)

We read your technical description and mark where the technical effect sits. Here is the catch: if the idea is only a business method, we say so before you spend on filing.

2

Run a prior-art search

A search of published patents shows whether the same technique already exists. Our patent search service covers this step and shapes the claims.

3

Draft the specification and claims

We prepare the description, drawings and claims so the technical effect is stated clearly and tied to a system or device. Where a registered patent agent has to sign, a qualified agent signs.

4

File, then request examination

We file on the IP India portal, either a provisional now or a complete specification. Examination starts only when you request it in Form 18 or 18A, and we then reply to the examiner’s report.

Timelines

Provisional to complete

The complete specification must follow within 12 months of a provisional filing, otherwise the application is treated as abandoned.

Publication

Your application is published 18 months from the filing or priority date under Section 11A. After that, anyone can see it and oppose it before grant.

Request for examination

Under Rule 24B you must file the request within 31 months from the priority date or the filing date, whichever is earlier.

What happens if you miss a deadline

No complete specification

If you file a provisional and do not follow with the complete specification within 12 months, the application is deemed abandoned and the filing date is lost.

No examination request

Without a request for examination within the Rule 24B period, the application is treated as withdrawn and gets no examination.

Public disclosure first

If you publish, demo or launch before filing, your own disclosure can count as prior art and block novelty. In practice, a pitch-day demo is enough. File first.

Frequently asked questions

Can software be patented in India?

Yes, if the invention shows a technical effect and is more than a computer programme per se. Section 3(k) of the Patents Act excludes mathematical or business methods, computer programmes per se and algorithms. IP India’s 2025 guidelines examine whether the claim improves how a system performs. Pure code or a business process is refused. Tell us what your software does and we will assess it honestly.

Is AI patentable in India?

Yes, an AI invention can be patented when it improves a technical process. The 2025 guidelines expect clear disclosure of the model architecture, training data handling and the learning method used. A generic model applied to a business task is usually refused. We draft the specification around the technical improvement so the examiner can see it.

What is the difference between a software patent and copyright?

Copyright protects your code as written, while a patent protects the technical method behind it. Copyright needs only originality and registration is simple. A patent needs novelty worldwide and an inventive step, and lasts 20 years from filing. Many companies hold both. We can advise which fits your product first.

How long does a software patent last in India?

A patent lasts 20 years from the filing date under Section 53 of the Patents Act, provided you pay the renewal fees every year. The term runs from the date you file the application, which is why an early provisional filing helps. If a renewal is missed, the patent can lapse, so we keep a reminder for you.

Can I file a provisional specification for my software?

Yes, a provisional specification secures an early filing date. You must file the complete specification within 12 months, or the application is deemed abandoned. The provisional buys you time to keep building and test the market. Write it with real technical detail, because a thin one protects very little, and we will help you do that.

When should I request examination of my software patent?

Request examination in Form 18 or Form 18A, within 31 months from the priority or filing date under Rule 24B. Startups and small entities can use Form 18A for faster examination. Filing early gets you the first examination report sooner. We track the date and file the request when you are ready.

Can I patent an app idea before building it?

You can patent an invention before building it only if you can describe how it works in enough technical detail. An idea or a business concept is not enough. The specification must let a skilled person reproduce the method. If your plan is still at the concept stage, we help you work out what to document first.

Does publishing my code or demo affect a patent?

Yes, a public demo, launch or open-source release before filing can destroy novelty. Patents are judged against what the world already knows, including your own disclosure. File a provisional before you present, publish or release the method. If disclosure has already happened, tell us the dates and we will check what is still possible.

Pricing

What it costs

Our fee plus the government fee that applies to your case, quoted before you commit. Tell us the situation and we will price it exactly.

Government fees on e-filing, as published in 2026 (Form 1 for filing, Form 18 or 18A for examination):

ItemStartup / individualSmall entityOther entity
Form 1 (filing)₹1,600₹4,000₹8,000
Form 18 (examination)₹4,000₹10,000₹20,000
Form 18A (expedited examination)₹8,000₹25,000₹60,000
Each claim beyond 10₹320₹800₹1,600
Each page beyond 30₹160₹400₹800

Ready to begin?

Tell us what your software does differently. We will tell you whether a patent is realistic and how to file it.