Introduction
In a key move aimed at reforming India’s patent ecosystem for software and computer-related inventions (CRIs), the Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM) issued a public notice on June 26, 2025, inviting stakeholder comments on the Revised Draft CRI Guidelines 2025, Version 2.0.
This draft marks the most significant update since the original CRI Guidelines of 2017, signaling a shift in the Indian Patent Office’s approach toward the patentability of software-related innovations.
What Are CRI Guidelines?
The CRI (Computer-Related Inventions) Guidelines are internal procedural instructions to help examiners assess patent applications related to software, algorithms, artificial intelligence, blockchain, and other digital technologies.
While not legal blinding, the guidelines guide examiners in how they assess and decide patent applications in IT and digital innovation sectors.
Key Highlights of the Revised Draft CRI Guidelines 2025 – Version 2.0
The 2025 Draft, Version 2.0, builds upon global developments and stakeholder feedback. Some noteworthy changes include:
1. Clarification on Section 3(k): The draft attempts to better define the scope of exclusions under Section 3(k) of the Indian Patents Act, 1970, particularly concerning computer programs “per se.”
2. Technical Effect & Technical Contribution: There is a renewed emphasis on assessing technical contribution, aligning more closely with international practices like those of the EPO and USPTO. The draft sets out illustrative examples of what constitutes “technical effect.”
3. Artificial Intelligence and Emerging Technologies: For the first time, the guidelines explicitly address AI, machine learning, blockchain and provide insights into how examiners will assess such inventions under Indian law.
4. Enhanced Examination Process: Clearer instructions are provided to patent examiners on framing objections, ensuring greater consistency and transparency in CRI-related examinations.
5. Case Law Reference and Interpretation: The revised draft incorporates key judicial precedents, such as Ferid Allani v. Union of India, and reinforces that the focus must be on the substance and contribution of the invention, not merely its form.
Why This Matters: Implications for Startups, Innovators & Patent Attorneys
This draft guideline has critical implications for:
Technology Startups & Software Innovators: If implemented, these guidelines could make India a more patent-friendly jurisdiction for software-enabled inventions and AI innovations.
Patent Applicants & R&D Teams: Applicants now have greater clarity on how to structure CRI patent applications to pass muster under Indian law.
IP Counsel & Law Firms: For patent attorneys, this is a crucial moment to realign filing strategies and prepare clients to better articulate the “technical effect” of their innovations.
Public Consultation and Next Steps
The CGPDTM has invited public comments on the Revised Draft Guidelines. Stakeholders, including industry bodies, legal professionals, tech companies, and academic institutions, are encouraged to provide detailed feedback.
Submissions may be made with the subject line: “Comments on Revised Draft CRI Guidelines 2025 Version 2.0”.
Following the consultation, a final version of the CRI Guidelines 2025 is expected to be notified, which will replace the existing 2017 guidelines.
Conclusion
As patent and technology law specialists, we welcome this progressive step by the CGPDTM. The 2025 Draft attempts to bridge the gap between rigid statutory exclusions and the need to protect cutting-edge digital innovations.
However, ambiguity still exists around subjective terms such as “technical effect,” and we hope the final version will provide more definitive thresholds and case-based illustrations.
We will continue to monitor developments closely and assist clients in making submissions and recalibrating their patent strategies in India.
