Can You Patent an App or Software in India? What the Law Allows
Founders often hear that software can't be patented in India. That's half right. Section 3(k) of the Patents Act excludes a computer programme "per se", but an app or system that s…
Before you spend on a patent application, find out whether your invention is already known. A good prior-art search can be done with free tools: the Indian Patent Office's own database for Indian filings, and global databases for everything else. Here's how to…
A patent is granted only if the invention is new and involves an inventive step over everything published anywhere in the world before your filing date: patents, papers, products, even videos. The examiner will search. If they find your idea first, you've lost the filing fees and the drafting cost.
A search also shows what competitors are working on, helps your attorney draft claims around what exists, and tells you whether a product might infringe someone else's live patent before you launch it.
| Tool | Covers | Best for |
|---|---|---|
IP India patent search (InPASS) | Indian applications and granted patents | Indian filings, status, the documents filed, and the examination history |
Google Patents | Patents and applications from most major offices, with machine translation | Fast keyword searching and "similar documents" suggestions |
Espacenet (European Patent Office) | Over 100 countries | Classification-based searching and patent families |
WIPO PATENTSCOPE | International (PCT) applications and national collections | Finding PCT filings that may enter India later |
Google Scholar and journals | Research papers | Academic prior art, which counts just as much as patents |
All of these are free. The Indian Patent Office search needs no login, only a captcha.
Remember that applications usually stay unpublished for 18 months after filing, so the most recent filings won't show up in any database yet. Already filed and want to follow your own application? See patent application status check.
Expect to spend a few hours. If you find a document that shows every essential feature, the invention isn't new. If the closest documents each miss something important, discuss with a patent attorney whether that difference amounts to an inventive step.
A self-search is a good first filter, not a guarantee. Professionals search non-patent literature, use paid databases with better classification and full-text coverage, and judge inventive step the way an examiner will. Software inventions need extra care because of Section 3(k). See can you patent an app or software.
Search again just before you file. New publications appear every week, and a document published between your first search and your filing date still counts against you. If your search turns up a live Indian patent close to your product, get advice on infringement risk before launch as well, not only on patentability.
Patents protect how something works. For a brand name, the equivalent check is a trademark public search. When your search looks promising, TaxQue's patent registration service runs a professional prior-art search and gives you a patentability opinion before drafting.
This article is published by TaxQue (ARB FinTech LLP) for general informational, educational, and business guidance purposes only. Tax laws, GST rules, MCA circulars, and judicial precedents are subject to frequent statutory revisions. This content does not constitute formal individualized tax, accounting, or legal counsel.
Comments are moderated. Only English and Hindi comments from verified Indian users are published.
Founders often hear that software can't be patented in India. That's half right. Section 3(k) of the Patents Act excludes a computer programme "per se", but an app or system that s…
You can check any Indian patent application's status free on the IP India patent search using its application number. The status tells you where the application is in a long proces…

Follow the current 2026 copyright registration procedure in India: Form XIV, documents, 30-day objection period, examination, hearing and certificate.
From company registration and GST filings to annual MCA audits and tax planning, TaxQue provides complete consulting solutions for startups and enterprises.
Get expert tax tips, GST updates & compliance guides delivered to your inbox.
🔒 No spam. Unsubscribe anytime.