Section 3(k) of the patent act describes that there is no patent on invention of any mathematical or business method or a computer program me or algorithms.
India’s patent office has put on hold guidelines that would have allowed patenting of software, a move being hailed as a big win for domestic startups. Indian law on granting patents for software is agray area. In August, the Indian Patent Office interpreted the law to mean that if software had industrial applications it could be granted a patent.
The initial discussions with the patent office have yielded positive results as the 2015 Guidelines are now kept in abeyance and the 2011 Patent Manual shall continue to be applicable. This will further energize the Government’s Make in India initiative as more programmers and startups will be free from fear of litigation and will continue to innovate and make great software.
Will keep you posted…