Are Computer Programs protected under Patent?

Section 3(k) of the Patents Act (India) states that a mathematical or business method, a computer program per se or algorithms are not considered to be inventions. However, it does not impose a blanket ban on patenting computer-related inventions in India. 

Inventions containing computer programs or software, but which aren’t mere computer programs (e.g., by being part of a physical device) may be patentable. 

The legislative intent to attach the suffix ‘per se’ to computer programs is evidenced by the following view expressed by the Joint Parliamentary Committee while introducing the Patents (Amendments) Act 2002. 

        "In the new proposed clause (k) the words ''per se" have been inserted. This change has been proposed because sometimes the computer programme may include certain other things, ancillary thereto or developed thereon. The intention here is not to reject them for grant of patent if they are inventions. However, the computer programmes as such are not intended to be granted patent. This amendment has been proposed to clarify the purpose."

Therefore, an invention related to computer programs can be granted in certain special circumstances.