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.
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
AI and machine-learning teams
Embedded and device makers
Why it matters
Protects the technical idea
Raises investor confidence
Sets the 20-year clock early
Software patent or copyright?
Founders often ask which one to pick. They protect different things, and many products need both.
| Point | Patent | Copyright |
|---|---|---|
| Protects | The technical method or system | The source and object code as written |
| Needs novelty | Yes, worldwide | No, only originality |
| Examination | Yes, on request | Registration is simple |
| Term | 20 years from filing | Author’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
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.
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.
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.
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
Publication
Request for examination
What happens if you miss a deadline
No complete specification
No examination request
Public disclosure 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.
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):
| Item | Startup / individual | Small entity | Other 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.