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Software Patent
Online Patent Services

Software has become patentable in recent years in most jurisdictions (although with restrictions in certain countries, notably those signatories of the European Patent Convention or EPC) and the number of software patents has risen rapidly.

Software Patent Registration: Overview

The need for software patents in India has surged in recent times. This is due to the internet’s rapid expansion and the country’s fiercely competitive market. Due to limitations in Indian patent laws, patenting of software was not permitted for a very long period there. However, in order to meet demand and protect inventors’ rights, the Indian Patent Office has developed comprehensive standards for patenting computer-related inventions (CRIs).  It is crucial given the rapidly expanding nature of software firms and the rapid speed of technology.

A software patent is a type of property right that shields computer programs or any other computer-related performance from other software. They are seen as a subset of utility patents and the issue of software patents is contentious both domestically and internationally.Software copyrights are distinct from software patents. Both safeguard the product, but copyright only protects an idea’s expression. It might only apply to a software program’s specific written code. Intellectual property law covers both software patents and software copyrights.

Steps For Patent Registration in India

Patentability Check
Check whether the invention is patentable or not in terms of the Patent Act, and confirm whether it is new and has not been published prior to filing with the patent office.

Drafting of Specifications
Write down your invention in maximum detail possible, Use drawings, diagrams, sketches to explain how Invention works and specify its claim.

Filing of Patent
The patent can be filed in India with the provisional specification or complete specification. However, in any case, the complete filing must be completed within 12 months.

Patent Office Activity
The patent is examined and published by the patent office and if no objection is received from the examiner or if no third party opposition, the patent is granted.

Patent Filing Documents

 
A. Documents Required For Patent Filing in IndiaB. Specification Must Contain Following
  1. Digital Signature of the Applicant
  2. Authorisation to the patent attorney
  3. The patent questionnaire
  4. A signed copy of Patent Specification
  5. Declaration of Inventorship signed by the Inventor
  6. Prior art documents, in case of International Application
  1. Title of Patent
  2. Abstract of the patent specification (A Summary)
  3. Detailed Specification exhibiting inventive steps
  4. Drawings and Flowcharts if any
  5. Claims of the Patent