Business Method And Computer Implemented Inventions

In 2002 the Indian Patents Act was amended to clarify that software and business methods could be obtained for subject matter except "a mathematical method or business method or a computer program per se or algorithms". In 2004 the Act was further amended to specify that computer programs per se were unpatentable, "other than its technical application to industry or a combination with hardware". In April 2005 the Act was further amended to eliminate the exceptions for technical applicability and hardware exceptions. The bottom line is that business methods and computer software are likely patentable in India, but only if they are drafted as apparatus claims.