India Issues Revised 2025 Guidelines for Examining Computer-Related Inventions

A well-elaborated chapter explores the legal nuances of CRIs, synthesizing precedents and judicial interpretations relevant to Section 3(k) of the Indian Patents Act.

In a pivotal step toward modernizing its intellectual property framework, the Office of the Controller General of Patents, Designs & Trade Marks (CGPDTM) has officially notified the Revised Guidelines for Examination of Computer Related Inventions (CRIs), 2025. These updated guidelines are designed to bring enhanced clarity, transparency, and procedural uniformity to how India examines computer-related patent applications—particularly those leveraging frontier technologies such as Artificial Intelligence (AI), Machine Learning (ML), Blockchain, Cloud Computing, and Quantum Computing.

This initiative marks a significant evolution of India’s patent regime, aligning it more closely with global standards and responding to the rapidly shifting technological landscape that demands a modern, adaptable examination framework.

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Responding to Technological Shifts and Industry Demands

With technologies like AI and Blockchain rapidly transforming sectors from healthcare and finance to logistics and education, the need for a refined legal framework to address patentability issues has become urgent. The revised guidelines were developed following a two-phase consultative process initiated earlier in 2025:

• Draft Guidelines (Version 1.0) were released on 25th March 2025, inviting public and expert feedback.

• Stakeholder consultations were conducted at all four Patent Office locations—Chennai, Delhi, Kolkata, and Mumbai, ensuring wide regional engagement.

• A second draft (Version 2.0) was published on 26th June 2025, further refined by the inputs from the community.

After extensive deliberation, the final guidelines—released in July 2025—are now in effect and published on the CGPDTM official portal: www.ipindia.gov.in.

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Major Highlights of the Revised CRI Guidelines, 2025

The updated guidelines introduce substantial procedural and content-related enhancements:

1. Dedicated Chapter on Jurisprudence

A well-elaborated chapter explores the legal nuances of CRIs, synthesizing precedents and judicial interpretations relevant to Section 3(k) of the Indian Patents Act. This helps clarify the boundaries of what constitutes patent-eligible subject matter.

2. Step-Wise Examination Framework for Section 3(k)

Section 3(k) excludes “mathematical or business methods, computer programs per se” from patentability. The revised guidelines now outline a structured, step-by-step methodology to assist examiners and applicants in assessing CRI applications under this clause. This framework is supported by:

• Detailed flowcharts simplifying the examination process.

• Scenario-based illustrations clarifying distinctions between allowable and non-allowable claims.

3. Comprehensive Coverage of Emerging Technologies

For the first time, the guidelines feature a dedicated chapter addressing the examination of applications involving:

• Artificial Intelligence (AI)

• Machine Learning (ML)

• Deep Learning (DL)

• Blockchain

• Quantum Computing

The chapter offers guidance on:

• Sufficiency of disclosure: ensuring that claims are fully supported by technical descriptions.

• Determining whether the invention has a technical effect or technical contribution, which can bring it outside the exclusion zone of Section 3(k).

4. Expanded Repository of Examples

• 20 core examples are included within the main body of the guidelines.

• An Annexure with 40 additional examples provides further illustrations of allowable vs non-allowable claims, helping both examiners and inventors better navigate complex applications.

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Aiding Innovation, Ensuring Predictability

According to Prof. (Dr.) Unnat P. Pandit, Controller General of Patents, Designs & Trade Marks, these revised guidelines are a "crucial reference point for inventors and officials" alike. They offer a much-needed roadmap to navigate the patentability of AI-driven and software-based innovations, which have traditionally fallen into gray areas under Indian patent law.

By providing consistent interpretation aids, the guidelines aim to reduce subjectivity in the examination process, boost patent filing confidence among startups and R&D centers, and ensure decisions align more closely with evolving legal and technological standards.

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Commitment to Transparency and Stakeholder Engagement

One of the most commendable aspects of the CRI Guidelines, 2025 is the transparent, inclusive process behind their creation. In keeping with global best practices, the CGPDTM:

• Published both draft versions for public review.

• Hosted in-person consultations across all four patent offices.

• Has now published a compiled summary of stakeholder feedback, reflecting its commitment to participatory governance in policy formulation.

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Conclusion: Strengthening India’s IP Ecosystem in the Digital Age

The Revised Guidelines for Examination of CRIs, 2025 represent a milestone in India’s intellectual property landscape. With emerging tech playing a central role in national innovation policy and economic competitiveness, these guidelines are expected to:

• Improve predictability and transparency in patent examination.

• Encourage innovation in disruptive technologies.

• Enhance India’s standing in the global patent ecosystem.

Inventors, innovators, and IP professionals are encouraged to study the guidelines closely and incorporate the newly defined principles and examples in their applications. The move is a strong signal of India's proactive shift toward IP-led technological growth and a well-calibrated, modern legal regime.

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