India has ushered in a transformative phase in its intellectual property regime with the release of the 2025 Guidelines for the Examination of Computer-Related Inventions (CRIs). Issued by the Office of the Controller General of Patents, Designs & Trademarks (CGPDTM) on July 29, 2025, these guidelines mark a significant evolution in how software and artificial intelligence (AI)-based inventions are assessed for patentability in India.
Why the Update Was Needed
The previous CRI guidelines, last revised in 2017, struggled to keep pace with the rapid advancements in emerging technologies like AI, blockchain, and quantum computing. The 2025 revision is the result of a multi-stage consultation process, incorporating feedback from industry, academia, and legal experts. It aims to bring clarity, consistency, and global alignment to India’s patent examination practices.
Key Highlights of the 2025 CRI Guidelines
Comprehensive Jurisprudence Integration: The guidelines reflect 19 recent Indian legal precedents up to 2024, including landmark rulings such as Microsoft Technology Licensing LLC v. Assistant Controller and Ferid Allani v. Union of India. These cases provide clarity on the interpretation of Section 3(k) of the Patents Act, particularly regarding the exclusion of ‘computer programmes per se’ and the admissibility of inventions that demonstrate a technical effect or advancement.
Structured Stepwise Assessment of Section 3(k): The guidelines introduce a step-by-step evaluation framework supported by flowcharts and over 40 scenario-based examples that distinguish patentable CRIs (often involving technical contribution) from non-patentable subject matter. This reduces subjective examiner interpretations and increases procedural predictability.
Novel and In-Depth Disclosure Requirements: Especially for AI-and ML-related inventions, the guidelines require precise disclosure of invention details, such as:
- Network architecture and parameter settings in ML models,
- Nature and handling of training data,
- Algorithmic procedures encompassing activation functions and learning strategies are included,
- Environment dynamics in reinforcement learning,
- Cryptographic and consensus mechanisms for blockchain inventions.
This ensures Applicants sufficiently describe what the invention is and how it achieves the claimed technical effect to fulfill the sufficiency of disclosure mandate.
Technical Effect and Technical Advancement as Core Patentability Criteria: Inventions must clearly demonstrate tangible improvements over prior art systems or methods—examples include increased processing speed, reduced computing resources, enhanced security protocols, better network communication, or real-time operational gains. Automating business methods or presenting data in an abstract manner, without technical substance, remains outside the scope of patentable subject matter.
Clarified Patentable Subject Matter Formats: Both- system and method claims- linked to hardware or specific machines (beyond general-purpose computers) are recognized. Use of means-plus-function style claims may be permissible provided structural details are adequately supported in the specification.
Conclusion
India’s 2025 CRI Guidelines represent a landmark shift in the country’s approach to software and AI patenting. By aligning with global best practices and judicial precedents, the guidelines aim to foster a more predictable, transparent, and innovation-friendly patent ecosystem.