Everything YOU need to Know about Software Patenting in India

Everything about Software Patent in India , What are the examples of software patents in India?, Software Patent in India

Patenting Path to Glory in Industry 4.0 #IoTtrends #Internetofthings

IoT aka Internet of Things Patent Landscape- How to Get a Patent in India for Software, Mobile Applications and Computer Related Inventions. Software patenting in India is real skillset.


The first thought that comes to creative intellectual mind in Industry 4 Era is what is  Internet in the online world? What is Software? What is Software-Hardware Product? How to deploy Software-Hardware Patents? This article is going to address Everything YOU need to Know about Software Patenting in India.

Property Asset is an important asset. One such important asset is Intellectual Property Asset.

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Software Patenting in India

Software and Mobile App Patents are routinely granted by the Indian Patent Office and recently, following patents were granted:

One engine that is ruling the chart in online world is Google. Google and its sister concern enterprises file a number of software and hardware oriented patent applications claiming fortification of data based on a number of features. One such feature used by users and especially mobile users is location option enablement in the setting module of handheld devices.

For example, filtering location information retrieved from one or more computing devices at any given instance.

Indian Patent Examination Report

Generally patent examiners need clarity in patent claims and the technology interpretation should suffice the ambit of the Indian Patent Act, 1970. In our IP practice over the years, we have noted following common objections which would be discussed in brief for clarity purposes.

Patent proceeds grant stage in India before the Indian Patent office, if patent examiner is satisfied beyond doubt with the written explanation provided by the patent agent representing client before the Indian Patent office.

Invention is all about proving technical advancement when compared to similar technology prevailing in same sector #IntellectualCapacity #IoT #Geospatial #5G #AIFirst #Immersivetechnologies #AR #MR #BAAS #VR #BIM #VDC #3DPrint #MachineLearning #Robotics

Software, IoT, #AR #MR #BAAS #VR #BIM #VDC #3DPrint #MachineLearning #Robotics attract Section 3(k) , Section 3(m) of the Indian Patents Act in respect of patent claims submitted before the Indian Patent Office.

Patent claims written in respect of computer instructions stored in a memory and executable by a processor, fall within the scope of Section 3(k) of the Indian Patent Act.


SIMPLE tweaking is to define MODULES and not set of instructions is a good pro-active strategy to overcome such enquires. The preamble of the patent claims should relate to object and purpose of technology. Drafting patent claims in a manner not related to computer programs and claiming a handheld device, enhancing its technical effect through its constructional features is KEY to define ambit of claims to seek protection in India.

Everything YOU need to Know about Software Patenting in India

With the advent and importance of Software patenting being granted to Google, Microsoft, Amazon and new age unicorn businesses running in internet space, time is apt to encash IPR based assets in terms of intellectual capacity. In India, Software patenting  is commonly termed as “Computer Related Invention” by the Indian Patent Office.

Action Plan to get Software Patenting in India

While writing and drafting patent claims to define scope of technology in terms of computer system use the word #module rather than #instructions to mimic technology as #hardware #handhelddevices

Still Finding Answers:

Software patenting in India: FAQs you need to understand Software patenting in India

  • Understand nuances of getting software patents granted in India?
  • Does Indian patent law allow software patents, Answer is YES?
  • How to apply for software patent in India?
    • File a provisional patent application with data information covering all the aspects of the technology.
  • How to patent a software in India?
    • Provisional patent application filing is a good pro-active strategy to file start the patenting process in India.
  • How to patent a mobile application in India?
    • While writing and drafting patent claims to define scope of technology in terms of computer system use the word #module rather than #instructions to mimic technology as #hardware #handhelddevices.
  • What are the examples of software patents in India?

How to Patent Ideating Technology in India and Internationally

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General Patent FAQs:

  • What is a Provisional Patent Application?
  • What are advantages of Filing a Provisional Patent Application?
  • How can Patent Search help in determining Patentability of Invention?
  • What is the meaning of “Patent Pending Status” in India?

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Boom in Fourth Industrial Revolution Knowledge Sharing Ecosystem: Patenting Innovations

Boom in Fourth Industrial Revolution Knowledge Sharing Ecosystem

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Prity Khastgir

Technology Driven Era is BOOMing !!

Patent Launch Design Studio For Wealth Creation to Cater Fourth Industrial Revolution

WHAT is WEALTH Creation in terms of Patent Royalty & Patent Licensing?

Wealth creation is important aspect of any business. How to create a proper technology business around innovative technology is the need of the hour. Asset allocation of the funds are very important factors to be taken into consideration while doing business. Brilliant ideas should be protected through innovation laws governed under intellectual property laws.

Innovation and entrepreneurship harnessing grassroot level sustainable business models is the need of the hour.

With the diligent business execution one can actually create wealth for the startup and the entrepreneur would be known as a successful entrepreneur in the long run.

“The price of success is hard work, dedication to the job at hand, and the determination that whether we win or lose, we have applied the best of ourselves to the task at hand.”-Marc Benioff, CEO of Salesforce.

As an entrepreneur or startup YOU should understand the concept of wealth creation and investing YOUR time innovating in technologies and developing technologies which will actually lead to wealth creation.

How to create wealth around the technology or doing business in India?

How the wealth is created in the short term and long term goals?

What kind of profit margins you can actually foresee and think of?

First rule of business 101 is to create a conducive environment and a conducive ecosystem for the technology in which you want to invest your time in building intellectual property.

For example, in India one can work on business models for which Indian government is giving funds without collaterals. One such example is governments of the United States of America (through the Department of State) and India (through the Department of Science & Technology) have established the United States–India Science & Technology Endowment Fund (USISTEF) for the promotion of joint activities that would lead to innovation and entrepreneurship through the application of science and technology.

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The aim of the Fund is to support and foster joint applied R&D to generate public good through the commercialization of technology developed through sustained partnerships between U.S. and Indian researchers and entrepreneurs. The U.S.-India Science and Technology Endowment Fund activities are implemented and administered through the bi-national Indo-U.S. Science and Technology Forum (IUSSTF).

Funding for Investment in Business

Grants of up to Rs. 2.50 crores or approximately $400,000 (subject to prevailing exchange rate). Proposals outside this range may be considered under exceptional circumstances at the discretion of the U.S.-India Science & Technology Endowment Board (hereafter referred to as the ‘Board’).

The applicants should put together their Budget requirement based on realistic assessment, corresponding to direct cost involved and properly justified by the nature and quantum of work involved. An attempt to do over budgeting simply to fill the bandwidth of maximum grant size is out rightly discouraged.

It may be noted that Endowment Fund is an Indian Rupee Fund and all the grants are denominated in Indian rupees (INR) only. Awards are made in tranches according to project milestones and installment amounts are fixed in Rupees. For U.S. Awardees, the grant is transferred after converting it into USD at the prevailing exchange rate as on the date of disbursement with no adjustment made for foreign exchange rate fluctuations. However, the applicants are encouraged to consider requesting a provision under the contingency line item of up to ten percent (10%) of the total budget in the event of a devaluation of the rupee against the dollar.

The Board will give stronger preference to proposals that include a reasonable balance in the distribution of work and the grant between Indian and U.S. partners.

Grants will be released in a phased manner based on successful completion of milestones (which may include requirements to raise/ invest additional outside funding to support the project).

All milestones for the grants will be specified at the time of the award.

The Board reserves the right to limit its award to selected project activities and milestones and in doing so approve partial funding.

One sector which is BOOMING is renewable energy technology where a number of innovations are happening for example, the solar sector. One has to understand industrial revolution & the globalization of knowledge whereby one need to have the AWARENESS to predict the future and take the measures in the present.

WHAT we do in the past is the illusion of our mind of the past. HUMAN species per se BELIEVE to see and follow what most people do. That differentiates a normal being from being in GENIUS.

One should be able to understand that you need to innovate and understand that protecting your innovation actually help you to create that wealth by not only by getting the patent granted and the “patent pending” technology itself can be licensed to any third party.

You can actually get royalty and there are other scenarios whereby you know you can create wealth by making a mark in that particular arena.

When we discuss about making a conducive environment you need to make an impact in this society in which we live and if you talk about solar energy sector a number of sustainable innovative business technologies are being developed in R & D centres in India. In recent trend, “rent a roof policy” is being discussed across the nation.

Knowledge bring people together on a common platform 

So the rental roof policy the name itself suggest like you are renting out your roof to harness solar power. The working structure is interesting that the current bill for the electricity which is consumed after deducting the power generated by the solar roof top panel would be charged.

So implementing innovative ways push the boundaries of human intellect by which the Indian government is taking conducive steps to treat India as a country where a lot of business opportunities and synergies can happen in near future for wealth creation.

Data is based on evidence. YOUR intellect and OUR Expertise to achieve the impossible. Information is Free however what is important is to analyse and search for RIGHT information.

Prity Khastgir is a techno-savvy patent attorney and commercial mediator in India with 12 yrs++ of experience working with clients across the globe. Her areas of expertise are IP portfolio research, cross-border technology transactions, licensing agreements, negotiating business deals, product clearance, freedom-to-operate, patent infringement & invalidity analysis, research & opinions. She has seen the evolution in India as to how the patent and intellectual property law has evolved in last 10 years in India.

Currently, she helps startups to raise funds and facilitate the process of wealth creation, assists foreign companies to find right business partners in India. She also assists enterprises to enter and find the right angels, and VCs in Malaysia, Singapore, US, UK, Japan and India.

IP portfolio research, cross-border technology transactions, licensing agreements, product clearance, freedom-to-operate, patent infringement & invalidity analysis, research & opinions. Core practice includes patent drafting, patent searches (patent analytics), PCT National phase patent prosecution in India (drafting office action responses for USPTO, EPO

Facebook page for creative minds and wealth creation: click here

Twitter: @biopatentlawyer

Email: prity.k@lawtcis.com

How to Perform Patent Search for Innovative Ideas?

Perform Patent Search for Innovative Ideas

Perform patent search for innovative ideas by taking to our thinking geek team of patent researchers.

“Many people come up with great innovative ideas ! But defining the idea to make it an asset that can ultimately be protected makes a difference!”

Got a brilliant idea? How can you be sure that your innovative idea, is novel?

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In order to obtain patent protection, an important step in the invention process is to make sure that no other same or similar product exists in the market.

It will not only help you obtain patent protection, but it will help you define your target market of people and determine how large it is.


So what’s the best way to conduct a basic patent novelty search?

Perform Patent Search for Innovative Ideas: From Idea Phase to Innovation Phase

To begin with the US Patent and Trademark Office (USPTO) patent database is a good starting point for inventors to conduct preliminary patent search. The US Patent and Trademark Office (USPTO) patent database is a free patent search engine available online to the public. The US Patent and Trademark Office (USPTO) patent database includes patent searches for both patent pending applications and granted patents. Our patent experts who has Techno legal degree provide patent search consultancy services to domestic Indian and overseas clients for more than a decade.

“The road to riches down the innovation path not only takes inspiration but it also takes perspiration”.

Procedure for Patent Searching | Your Patent Consultant for Research

  • Brainstorm terms and Identify the main keywords for your technology
  • Identify the relevant patent classification based on your keywords (IPC /CPC)
  • Select the most relevant patent applications based on the patent classification. (Read the patent claims and refer the patent drawings)
  • Review Backward and forward citations in the patent applications (Patent & Non-patent References cited by the patent applicant and/or patent examiner may lead you to additional relevant patents)
  • Broaden your United States US patent search
  • Perform US patent search by identified inventor name
  • Perform PCT WIPO patent search
  • Utilize US patent quick search
  • US patent search by patent publication/ grant number
  • To research more relevant patent publications use keyword searching on the European Patent Office’s Worldwide Espacenet patent database
  • Search non-patent literature online / offline.

“An invention requires conception and reduction to practice of an innovative idea.  

A Concept is something that exists in the mind of the inventor as the product of careful brainstorming and reducing the concept of a complete and operative invention to practice requires that the claimed invention work for its intended purpose.”

Perform Patent Search for Innovative Ideas: Free Patent Research Tools available for inventors, patent applicants and US patent attorneys are as follows:

  • USPTO: US patent database for published and granted US patents
  • WIPO: International patent database including PCT international patent results
  • IPO: Indian Patent Database to search domestic published and granted patents in India
  • ESPACENET: EPO Patent Database Patent search consultancy | Patent Report Formats for patentability and other important IP analysis: Patent Mapping the independent and dependent patent claims. Identifying strength, weakness of granted patent by performing SWOT analysis Patent Claim White Gap Analysis


We at Tech Corp International Strategist (TCIS, India) can help you determine if your invention is patentable and Perform Patent Search for Innovative Ideas. Our team of Patent attorneys have expertise in worldwide Patent analysis, Patent portfolio and landscaping besides Prior art searching, validity searches, Freedom to Operate report and Reporting patent Infringement for granted patents. Get patent search consultancy services from our experienced team of patent lawyers.


Prity Khastgir founder at Tech Corp International Strategist, India and law firm partner at Tech Corp Legal LLP. Prity Khastgir is a techno-savvy patent attorney in India with 12 yrs++ of experience working with clients across the globe. Her areas of expertise are IP portfolio research, cross-border technology transactions, licensing agreements, product clearance, freedom-to-operate, patent infringement & invalidity analysis, research & opinions.

Currently, she helps startups to raise funds, assists foreign companies to find right business partners in India. She also assists enterprises to enter and find the right angels, and VCs in Malaysia, Singapore, US, UK, Japan and India.

For further information on patents and patent filing in India connect with our highly skilled and experienced patent lawyers and IP strategists.

Go-to patent consultant for all time zones, be it new product launch in Asia, IP landscape across EU, freedom-to-operate analysis in Japan or patent invalidation for litigation in US.

Perform Patent Search for Innovative Ideas: Every business has a #strategy

WE facilitate the process of identifying Key issues and help amplify business goals of any business (short term goals and long term goals). Everything is simple we tend to complicate and use heavy words to prove our point. WE believe in BASICs.  

Schedule a call today via clarity to get #strategic #advice #patents#brandbuilding #brandtrademarkstrategist

How do you evaluate your brand called YOU

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How do you evaluate your #brand called YOU?

How do you evaluate your brand called YOU: The name is the hook that hangs the brand on the product ladder in the prospect’s or #CUSTOMER mind. It is always #USER or #Customer on the mind of the #business #startup owner. To be in business today, our most important job is to be head marketer for the brand called You. The Brand Called You is the #future of business. The best way an entrepreneur can succeed resides in YOUR own #BRANDING. #OpenInnovation #Revolution #branding #iphonesia #design #brandYOU

Strategic brand YOU International Business Advisor for Startups : How do you evaluate your brand called YOU

FIVE  Steps to empowering the brand you

  1. Identify YOUR USP?
  2. Evaluate YOURSelf People who lose their relevance get stuck in the past because they’re no longer in the present moment. Marc Benioff, Founder of Salesforce
  3. Brand YOU Your smile is your logo, your personality is your business card, how you leave others feeling after having an experience with you becomes your Business Card
  4. Brand YOU Your brand is YOU –



Head (Neurons)

Bring YOUR Best Self What makes you leap out of bed in the morning, makes you want to dig deep and deliver?

What are your talents?

What areas just don’t grab you?

Where are you weak?