We draft patents
that Hold Up in Court

Software inventions are patentable in India when they are claimed as a technical method or system that produces a technical effect, rather than as a computer programme on its own. Section 3(k) of the Patents Act, 1970 excludes computer programmes per se, mathematical methods, business methods and algorithms, but a claim that ties software to specific hardware interaction or a measurable technical effect can be allowed.

Section 3(k) of the Patents Act, 1970 says that a mathematical or business method, a computer programme per se, or an algorithm is not an invention. Examiners apply this section closely to software applications. The drafting response is to claim a technical method with a clear technical effect and concrete hardware involvement, supported by the description, instead of claiming the program by itself.

35 USC §101 sets the bar for patent-eligible subject matter in the United States. After the Supreme Court decision in Alice Corp. v. CLS Bank International (2014), the USPTO applies a two-step test that catches many software and AI claims as abstract ideas. The cleanest fix is to address §101 inside the original drafting through claim structure, technical detail and inventive concept, rather than reacting to it later in prosecution. This is one of the areas Sitabience IP works on most.

Invention harvesting is a structured discussion with the inventor or R&D team to identify what is actually novel and protectable, what should be filed, what should be deferred, and what is better kept as a trade secret. It is the step where claim scope is shaped before drafting begins, the way experienced patent counsel sets up a strong specification.

Drafting fees depend on the complexity of the invention and the number of independent claims. Sitabience IP scopes each engagement after a free strategy call. Government fees are separate and follow published schedules: the Indian Patent Office First Schedule sets filing fees from ₹1,600 for an individual or recognised startup up to ₹8,000 for other applicants for a complete specification, and the USPTO Fee Schedule sets equivalent fees for small, micro and large entities. Total cost = drafting fee + official fees + (if applicable) US/EU associate fees.

In India, after a Request for Examination is filed, the Indian Patent Office typically issues a First Examination Report within 12 to 24 months and grant follows once objections are cleared, so the realistic end-to-end timeline is roughly 3 to 5 years. In the United States, USPTO Patents Pendency Data shows average traditional total pendency in the range of 24 to 30 months, with software art units often longer. Track One prioritised examination at the USPTO can compress this to roughly 12 months.

The Indian Patent Office applies Section 3(k) of the Patents Act, 1970 and looks for a defined technical effect tied to hardware. The USPTO applies the two-step Alice/Mayo test under 35 USC §101 and MPEP §2106 and looks for a specific technical improvement plus an inventive concept. The EPO, under Article 52(2)(c) and (3) EPC, excludes computer programs as such but allows claims that have a further technical effect, assessed under the Comvik approach. The same invention often needs differently shaped claims for each office see the comparison table above.

Under Section 6 of the Indian Patents Act, 1970 a software patent application can be filed by the true and first inventor, an assignee of the inventor (such as the employer company), or the legal representative of a deceased inventor. Foreign applicants must file through a registered Indian Patent Agent. Sitabience IP supports applicants on the record across India, the US and Europe.

Sitabience IP drafts and provides prosecution support across the Indian Patent Office, the United States Patent and Trademark Office (USPTO) and the European Patent Office (EPO). The firm works directly with applicants and also as a drafting partner for instructing attorneys in the United States and Europe.

Sitabience IP focuses on complex-technology drafting for artificial intelligence and machine learning, software and SaaS, electric vehicles, robotics, telecom and 5G, IoT and embedded systems, and broader deep-tech inventions. Each area is handled by a drafter familiar with the underlying engineering, not by a generalist working from a checklist.