Fundamentally,  patent protects inventions & encourages innovation & scientific commercial developments. It endorse the inventor to gain exclusive benefits in exchange for their inventions. For getting patent, the invention must comply with three conditions under patent:

An independent software by itself cannot be Patented in India. But, software can be patented if it is part of an invention. As per Section 3(k)(f) of the Patent Act says, If the claimed subject matter in a patent application is only a computer programme, it is considered as a computer programme per se and hence not patentable.”

Further, the Controller of Patents issued guidelines related to ‘Computer Related Inventions’ by way of Guidelines in the year 2016. It says that, even patents on computer programs could not be granted unless the inventor could show that the invention included a computer program “in conjunction with a novel hardware” (also known as ‘novel hardware requirement’)