How To Get A Patent For Software In India

India’s GDP is a function of its export of Information Technology to the Western world, let us acknowledge it far and loud, for once. There are brilliant codes written, genius software developed, in large numbers, literally every day. Tonnes of money is spent on the research and development of each of this software and hence, there is a major need to safeguard these intellectual properties – yes, they are that! – which drive India’s growth in more ways than one.To put it in simple words, a software can be patented in India but it might not always be permitted.Section 3(K) of the Indian Patents Act, 1970 reads that “mathematical or business method or a computer programme per se or algorithms” do not fall under the category of items that can be patented in India.The trick is not to patent the software programme. Instead, try to patent the product in which the software plays an integral part, a very integral part, so much so that the software stands out more than the product itself.If the software or the product name is not trademark registered, the competition can make use of the catchy terms built by you and exploit the lack of patent laws concerning software in India.

In this article, we look at protecting the intellectual rights of a software, a much-underrated entity although it makes for some of the highest copyright infringements.

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