PRASA IP drafts and prosecutes patent applications for software, AI and machine learning inventions in India, the US and through the PCT. We are a Bengaluru firm in JP Nagar, led by two registered Indian patent agents who are also advocates: Praneetha K Rasbag (IN/PA-5005) and Sanath V Madgula (IN/PA-5004).
At a glance
- What we handle: AI and machine learning, data processing, networking and telecom, cybersecurity, embedded and IoT systems, fintech platforms, medical software and semiconductor design tools.
- Where we file: India, the United States (through PRASA IP LLC), and other countries through the PCT and foreign associates.
- Work we do: invention capture, patentability searches, drafting, responses to First Examination Reports, hearings before the Controller, and US and European filing strategy.
- How to reach us: online appointments or a meeting at our JP Nagar office in Bengaluru. Call +91 91132 14395.
Can software be patented in India?
Yes, in many cases. Section 3(k) of the Patents Act, 1970 says that "a mathematical or business method or a computer programme per se or algorithms" are not inventions. The important words are per se. Indian courts have held that a computer-implemented invention is not excluded just because it runs as software. What matters is whether it makes a technical contribution or has a technical effect.
- Ferid Allani v Union of India (Delhi High Court, 2019) confirmed that inventions based on computer programs can be patented if they show a technical effect or technical contribution.
- Later Delhi High Court decisions, including Microsoft Technology Licensing v Assistant Controller, Raytheon v Controller General, OpenTV v Controller and Blackberry v Assistant Controller, have refined how "algorithm", "per se" and "business method" are read.
- The Patent Office's 2025 Guidelines for Examination of Computer Related Inventions draw on these cases. They give examiners a non-exhaustive list of technical effects, such as faster processing, reduced memory access time, improved signal transmission, better control of a machine, stronger network security and improved image or signal processing.
What the Patent Office looks for
- A technical problem. What limitation existed in the earlier system: speed, accuracy, resource use, security, reliability or control of hardware?
- A technical solution. Which data structure, processing step, model architecture, training method or system interaction solves it?
- A technical effect you can show. Measured improvements, comparisons or worked examples make the effect easier to argue.
- A claim that recites the mechanism. Claims that only describe collecting data, running a model and producing a result are more likely to be treated as an algorithm or business method.
AI and machine learning inventions
For AI inventions the specification must also be detailed enough for a skilled person to carry out the invention. The 2025 Guidelines follow the Madras High Court's approach in Caleb Suresh Motupalli v Controller of Patents on sufficiency of disclosure. In practice, describe:
- the model type and architecture, and why it was chosen;
- the training data, how it is prepared and labelled, and the features used;
- the training process and how the model is validated;
- how the model's output controls or improves a technical system.
We cover how examiners themselves may use AI in our note on India's AI guidelines for patent examination, and US eligibility in Recentive v Fox.
Drafting for India, the US and Europe together
Most software clients file in more than one country. One specification can serve all of them if it is written for the strictest reader from the start.
- India: technical effect and contribution, read with Section 3(k) and the CRI Guidelines.
- United States: eligibility under 35 U.S.C. ยง 101, where a claimed improvement to computer technology matters.
- Europe: technical character and inventive step assessed on the features that contribute to a technical solution.
We draft method, system and, where useful, storage-medium claims, with dependent claims that hold real fallback positions. See when to file a PCT application for timing.
Answering a First Examination Report
Section 3(k) objections are common for software applications. A good response:
- identifies the technical problem and effect from the original specification, without adding new matter;
- amends the claims to recite the technical features that produce the effect;
- relies on the relevant court decisions and the CRI Guidelines where they fit the facts;
- is filed within the 6 month deadline (extendable by 3 months), with a hearing requested if needed.
How our fees are structured
- By stage. Patentability search, invention capture, drafting, filing, examination responses and hearings are quoted separately, in writing, before work starts.
- Official fees at cost. Government fees follow the IP India schedule and are lower for individuals, startups and small entities.
- Foreign filings. US, European and PCT costs are estimated as a programme so you can plan around funding.
Common questions
Is software patentable in India?
Software that shows a technical effect or technical contribution can be patented. A computer program per se, a pure algorithm, a mathematical method or a business method cannot.
Can I patent an AI model in India?
A model that solves a technical problem in a technical way may be patentable, if the application discloses enough detail for a skilled person to reproduce it. A model described only by its business result is unlikely to be granted.
Should I file in India or the US first?
It depends on where you will sell, raise money and enforce. Indian residents generally need a foreign filing permit, or must file in India first, before filing abroad. We plan the order with you.
Do I need to visit your office?
No. Most software clients work with us online. You are welcome to meet us at our JP Nagar office in Bengaluru.
Talk to our team
Send us a short description of the problem your software solves and how it works. We will tell you whether a patent is realistic before you spend on drafting. Call +91 91132 14395 or use the contact details on our home page.