FAQs

Frequently Asked Questions on Section 3(k) of the Indian Patents Act, 1970

1. What does Section 3(k) of the Indian Patents Act exclude from patent protection?

Section 3(k) excludes the following from being considered inventions under Indian patent law:

Mathematical methods
Business methods
Computer programs per se
Algorithms

These are treated as abstract ideas and are not patentable unless they result in a demonstrable technical effect.

2. Can software and algorithms be patented under Section 3(k)?

Yes, but only under specific conditions.
Software and algorithms may be granted patent protection if they demonstrate:

A technical effect, or
A technical advancement in their implementation.

For example, a software invention that improves hardware efficiency or enhances data security—especially when tied to hardware - has a stronger chance of being patentable.

3. How does Section 3(k) impact innovation in digital and AI technologies?

Section 3(k) poses challenges for patenting innovations in digital technologies and artificial intelligence (AI), where inventions are often algorithm-driven.
To secure a patent, innovators must demonstrate:

A concrete technical effect, and
A clear hardware or technical implementation.

The draft CRI Guidelines Version 2.0 (June 2025) aim to provide clarity and structure for AI-related inventions. Once finalized, they are expected to encourage AI innovation and foster growth in India’s digital economy.

4. Can business methods be patented in India despite Section 3(k)?

Generally, business methods are not patentable in India under Section 3(k).
However, if a business method:

Is implemented through a technical process, and
Solves a technical problem with a novel solution,

- then it may be considered patentable. The focus must always be on how the solution is technically implemented, not just what the business method does.

5. What is meant by “computer program per se” in Section 3(k)?

The term “computer program per se” refers to software in isolation, without any technical contribution or hardware linkage. If the program merely runs on a computer without demonstrating a technical effect or advancement, it is not patentable under Section 3(k).

6. What is a “technical effect” in the context of Section 3(k)?

A “technical effect” refers to a tangible, verifiable improvement in a technical process or system — such as enhanced processing speed, improved memory management, better hardware control, or increased security.

7. What evidence is required to demonstrate technical effect in a software-related patent application?

The applicant should include:

A detailed description of how the invention works technically
Flowcharts or system architecture diagrams showing integration with hardware
Comparative results, if available, showing performance improvements

8. Can AI models or machine learning algorithms be patented in India?

AI or ML models in abstract form are not patentable.
However, if:

The AI system is tied to a specific technical application (e.g., real-time diagnostics or autonomous navigation), and
Demonstrates a tangible technical improvement,
then it may be patentable under Indian law, especially in light of the draft CRI Guidelines Version 2.0 (June 2025).

9. How do Indian CRI Guidelines relate to Section 3(k)?

The Computer-Related Invention (CRI) Guidelines provide interpretative clarity on Section 3(k), explaining:

What qualifies as a technical effect
How to draft claims for software inventions
What is likely to be accepted or rejected during examination

The Draft CRI Guidelines Version 2.0 (June 2025) are expected to ease the patenting process for AI, blockchain, and IoT inventions.

10. Can innovations in blockchain or fintech be patented under Section 3(k)?

Only if the blockchain or fintech innovation:

Solves a technical problem, and
Is implemented via a novel technical architecture (not merely a financial transaction method)
Examples include secure consensus protocols or performance-enhancing encryption techniques.