Can search engines algorithms be patented

866 votes

Hello,

Algorithms are not patentable in India although you have copyrights in the algorithm.

In the US, however, you can implicitly patent an algorithm. In fact, it doesn't even have to be in code and anyway when a patent is issued, it is NOT issued against source code, it's issued for "a series of steps performed" which of course is nothing more or less than an algorithm. Certainly working source code is not required, so the embodiment of the algorithm in code is not what's being patented. What's being patented is just the ethereal "idea" of something doing X then Y then Z in that order.

Please feel free to contact for any further assistance

Advocate Vineesh Kedaram LawRato

964 votes

No computer applications cannot be purely be patented under Indian patents Act. However, it can be attempted incase it is merged with hardware applications. Therefore, it is imperative to create an amalgam of hardware and software operations so as to overcome the statutory embargo.

Advocate Abhishek Chandra Mishra LawRato

622 votes

Just algorithm is not patentable. However, the execution of algorithm with the help of hardware which leads to a technical contribution and has a technical effect is patentable. From your query, it seems that you have a patentable invention.

Advocate Vivek Ranjan LawRato

670 votes

Hi!
In India, search algorithms (or any algorithm or software) cannot be patented at all. However, these can be protected under Copyright Law, which is as good. With respect to USA, please contact an American Advocate, since Indian Advocates cannot practise there.

Advocate Keshav Datta LawRato