SOFTWARE PATENTS: CHALLENGES IN THE INDIAN LEGAL CONTEXT

AUTHOR – SUYASHI VINIT, STUDENT AT AMITY UNIVERSITY

BEST CITATION – SUYASHI VINIT, SOFTWARE PATENTS: CHALLENGES IN THE INDIAN LEGAL CONTEXT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 37-41, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The intersection between software innovation and patent protection represents one of the most contested areas in intellectual property law. In India, while the IT sector forms a cornerstone of economic growth, the patentability of software remains a complex legal question. This paper examines the evolution, legal framework, and policy challenges surrounding software patents in India. It evaluates the interpretation of Section 3(k) of the Patents Act, 1970, through the lens of judicial decisions and Patent Office guidelines. Comparative analysis with the United States, European Union, and Japan highlights varying approaches to protecting computer programs. The paper concludes that India’s cautious stance aligns with public interest and innovation balance but calls for nuanced reform to encourage indigenous software development without stifling creativity or competition.

Keywords: Software patents, Section 3(k), Indian Patent Act, algorithm, computer program, TRIPS Agreement, innovation, intellectual property.