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Answers · Patents

Can I patent an app or software in India?

The short answer

Not software as such — Indian law excludes computer programs 'per se'. But an invention that solves a technical problem using software, or software tied to novel hardware, can be patentable. Many apps are better protected by copyright, trademarks and trade secrets.

Section 3(k) of the Patents Act excludes mathematical methods, business methods and computer programs per se. In practice, applications succeed when they demonstrate a technical effect or technical contribution — improved device performance, novel processing at a technical level — rather than merely running a business idea on a phone.

The full protection stack for an app

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Related answers
What is a provisional patent application? How long does a patent last in India? How long does copyright last in India — and do I need to register it?

General information about Indian IP practice, not legal advice for your situation — that requires the facts of your case.