Section 3(k)

“You cannot patent software in India” is one of the most repeated sentences in Indian IP, and one of the least accurate.

In simple words

Section 3(k) excludes a mathematical method, a business method, a computer programme per se, and algorithms from being inventions.

Think of it as

Not a ban on software - a ban on software claimed as nothing but software.

Why it matters

The words “per se” attach only to “computer programme”. They do not qualify “business method”, which means the business-method bar in India is absolute and European or UK authorities on “as such” do not transpose. For computer-implemented inventions, Indian courts have repeatedly held that the test is whether the invention delivers a technical effect or technical contribution - including on a general-purpose computer. The Patent Office's revised CRI Guidelines, notified on 29 July 2025, set out a step-wise methodology and address AI, machine learning, blockchain and quantum computing for the first time.

A simple example

A method that improves network security, reduces memory access time or improves signal processing has been treated as delivering a technical effect. A scheme for delivering a gift electronically was held to be a business method and refused, whether framed as a method or as a system.

Common mistake

Dressing a business method up as a “system comprising a processor and a memory”. Indian decisions look at substance, not claim format.

Where it comes from

Patents Act 1970, section 3(k); Revised CRI Guidelines notified 29 July 2025; Ferid Allani v Union of India (Delhi HC, 2019); OpenTV Inc v Controller (2023:DHC:3305)