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Procedure of Software Patents in India

Rahul Dev

Indian Patent Office Manual

The Indian patent office has published a manual of patent office practice and procedure, which explains the functioning of the patent office by describing multiple steps of the patent registration process in India, including, patent application filing, patent prosecution, patent examination, issuance of patent examination report, patent hearings, patent grant, issuance of patent certificate, pre-grant patent opposition, post-grant patent opposition, and renewal of granted patents in India.

Software Patent in India

After going through the patent office manual, it can be concluded that although Indian patent laws excludes business methods, mathematical formula and computer programs per se from patent protection, software patents can be granted in India for innovations that are able to stand the test of patentability.

Writing Software Patent Application to be filed before USPTO

– Provisional Software Patent Specification 

Essentially, a provisional patent application based for software innovation includes:

  • Title of the invention
  • A short abstract (150 words maximum)
  • Background of the invention and related Prior arts
  • Detailed description/Specification describing how to make and use the invention. Flowcharts and/ flow diagram to execute the software algorithm
  • Patent Claims not required for a provisional patent specification

– Non-Provisional Software Patent Application

Step 1: Prepare rough flow diagram illustrating main steps of executing the algorithm.

Step 2: Prepare detailed flowcharts illustrating detailed steps along with determination steps as to what will happen if a particular transition step takes place.

Step 3: Software based block diagrams can be prepared to show more details for particular steps.

Once, the above mentioned diagram are handy, write the patent application detailed description section describing what is done at each step of the algorithm and how to do it. As required under Section 112 of US Patent Laws, describe both the best way to perform the best mode or preferred embodiment of the invention and all the possible other embodiments that you can think of to execute the software based codes to solve the problem.

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Software Patent FAQs:

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Published by Rahul Dev

International Speaker, Author, Blogger, Technology Savvy Patent Attorney & Corporate Lawyer with 15+ years of work experience in Asia Pacific, US & Europe