This article is part of our multi-blog series on the analysis of the Draft Computer Related Inventions (CRI) Guidelines, 2025.

On March 25, 2025, the Controller General of Patents, Designs, and Trade Marks (CGPDTM) released Draft Revised Computer Related Inventions (CRI) Guidelines, 2025. The 2017 Guidelines have undergone significant changes to bring more clarity, precision, and legal alignment to the way CRI patents would be handled in India. By integrating judicial rulings into the guidelines, the new (draft) CRI guidelines become not only more technically sound but also legally robust, giving applicants clearer grounds on which, they can base their patent applications.

Background

Section 3(k) of the Indian Patents Act, 1970, states: “a mathematical or business method or a computer programme per se or algorithms [are not inventions within the meaning of this Act].” Therefore, mathematical models, business models, computer programs per se and algorithms are not patent-eligible subject matters in India. However, without the definitions of these terms, a lot is left to interpretation, thus leading to ambiguity. In this article, we analyse the Definitions section of the Draft CRI Guidelines of 2025.

Evolving Definitions in the Draft CRI Guidelines, 2025

Algorithms

In the 2017 Guidelines, the term “algorithm” was interpreted based on its general dictionary meaning, which left room for interpretation and ambiguity in patent cases. However, the 2025 Guidelines use the definition from the Madras High Court in the case of Microsoft Technology Licensing LLC vs Assistant Controller of Patents and Designs¹[1] – “An algorithm may be defined as a set of rules or instructions for solving a problem, typically through a sequence of steps or operations. Devising an algorithm would also, therefore, be an intellectual exercise and intellectual property protection would be limited to copyright protection, subject to originality, for the form of expression. While the expression is commonly used in the context of software-based routines in computers, as is evident from the above, it can be used in other contexts…”

Thus, algorithms that are original in expression but functional in nature may now find easier and better protection. As per norm, protection for algorithms will not extend beyond copyright unless they meet the originality requirement for patenting.

Secure System

With cyber security becoming an increasing priority worldwide, the 2025 CRI Guidelines introduce a new term: “Secure System”. The definition is sourced from the Information Technology Act, 2000: “Secure system means computer hardware, software, and procedure that– (a) are reasonably secure from unauthorised access and misuse; (b) provide a reasonable level of reliability and correct operation; (c) are reasonably suited to performing the intended functions; and (d) adhere to generally accepted security procedures.”

This definition of a “Secure System” can aid applicants in claiming technical effect and/or technical advancement when arguing patentability for their inventions.

Other Terms

The definitions for “Per Se”, “Hardware”, “Firmware” and “Software” have been revised by adding their dictionary meanings.

Summary of the Changes

CRI GUIDELINES 2017	CRI GUIDELINES 2025	REMARKS
Algorithm – The term “algorithm” is not defined in Indian statutes and hence, for interpretation of this term, the general dictionary meaning is being used. The Oxford Advanced Learners Dictionary defines ‘algorithm’ as “a set of rules that must be followed when solving a particular problem.”	Algorithm – The term “algorithm” is not defined in Indian statutes. However, Hon’ble Madras High Court in the matterof Microsoft Technology Licensing LLC vs Assistant Controller of Patents and Designs¹ on 3 July, 2024 at Para 25 stated: “…An algorithm may be defined as a set of rules or instructions for solving a problem, typically through a sequence of steps or operations. Devising an algorithm would also, therefore, be an intellectual exercise and intellectual property protection would be limited to copyright protection, subject to originality, for the form of expression. While the expression is commonly used in the context of software-based routines in computers, as is evident from the above, it can be used in other contexts…”.	With this judicial clarity incorporated into the Guidelines, it should become easier for the examiner to understand an algorithmic invention and examine it. Similarly, applicants can also rely on the definition and contest objections more easily.
Firmware – The term “firmware” is not defined in Indian statutes and hence, for interpretation of this term, the general dictionary meaning is being used. The Oxford Advanced Learners Dictionary defines “firmware” as “a type of computer software that is stored in such a way that it cannot be changed or lost”	Firmware – The term “firmware” is not defined in Indian statutes and hence, for interpretation of this term, the general dictionary meaning is being used. The Oxford Advanced Learners Dictionary defines “firmware” as “a type of computer software that is stored in such a way that it cannot be changed or lost.” The Cambridge Dictionary defines “firmware” as “a computer program or data that is stored on a chip and that cannot be changed or lost”.	Although minute, the revised 2025 CRI definition of “firmware” strengthens its characterization as hardware-embedded and non-abstract, helping applicants argue for patentability by emphasizing technical effect and hardware integration.
Hardware – The term “hardware” is not defined in Indian statutes and hence, for interpretation of this term, the general dictionary meaning is being used. The Oxford Advanced Learners Dictionary defines “hardware” as “the physical and electronic parts of a computer, rather than the instructions it follows”.	Hardware – The term “hardware” is not defined in Indian statutes and hence, for interpretation of this term, the general dictionary meaning is being used. The Oxford Advanced Learners Dictionary defines “hardware” as “the physical and electronic parts of a computer, rather than the instructions it follows”. The Cambridge Dictionary defines “hardware” as “the physical and electronic parts of a computer, rather than the instructions it follows”.
Per se – The term “per se” is not defined in Indian statutes including the Patents Act, 1970 and hence, for interpretation of this term, the general dictionary meaning is being used. The general dictionary meaning of “per se” is “„by itself” or “in itself” or “as such” or “intrinsically” – to show that you are referring to something on its own, rather than in connection with other things.	Per se – The term “per se” is not defined in Indian statutes including the Act. However, Hon’ble Madras High Court in the matter of Microsoft Technology Licensing LLC v. Assistant Controller of Patents and Designs² on 3 July, 2024 at Para 25 stated:“…*Black’s Law Dictionary* (Thomson Reuters, 11th ed., 2019, p. 1378) defines ‘per se’ as follows: “of, in, or by itself; standing alone, without reference to additional facts; this phrase denotes that something is being considered alone, and not with other collected things…”
Software – The term “software” is not defined in Indian statutes and hence, for interpretation of this term, the general dictionary meaning is being used. The Oxford Advanced Learners Dictionary defines “software” as “the programs, etc. used to operate a computer”.	Software – The term “software” is not defined in Indian statutes and hence, for interpretation of this term, the general dictionary meaning is being used. The Oxford Advanced Learners Dictionary defines “software” as “the programs, etc. used to operate a computer”. The Cambridge Dictionary defines “software” as “the instructions that control what a computer does; computer programs”.	Definition of Software as per Cambridge Dictionary is included, to make the definition of software more succinct and clearer.
	Secure system – The term “secure system” is defined in the Information Technology Act, 2000 (No. 21 of 2000) as: “Secure system means computer hardware, software, and procedure that– (a) are reasonably secure from unauthorised access and misuse; (b) provide a reasonable level of reliability and correct operation; (c) are reasonably suited to performing the intended functions; and (d) adhere to generally accepted security procedures;”	Definition of “Secure System” is included first time in the CRI guidelines. This definition sets the criteria that a *secure system* must meet to ensure both its operational, reliability and its protection against unauthorized access or misuse.

Conclusion

The Indian Patent Office has taken a positive step to improve the examination of CRI patents. The purpose of these changes is to ensure uniformity and consistency in the examination. Whether it’s a clearer understanding of algorithms, a stronger foundation for securing patents related to secure systems, or more precise definitions around software and hardware, these updates provide applicants with the necessary legal clarity to confidently file their patents and navigate the patenting process. This also mean that claims related to software, algorithms, and data systems will be scrutinized with greater attention to detail, ultimately making the patent landscape more transparent and fairer.

[1] (T) CMA (PT) No.49 of 2023