By Rachna Kumar
When teams approach me at the drafting or filing stage, they often assume a patent is a single, uniform category — something you either have or don’t have. But the truth is more nuanced. The nature of your invention determines whether it should be positioned as a product patent, a process patent, a software-implemented invention, an AI-enabled system, a biotech innovation, or a hybrid combination. These categories shape your examination pathway, your claim strategy, your enforcement strength, and the way your patent behaves across borders under the PCT framework. Before deciding what to file, innovators need clarity on how India classifies inventions and what each type of protection achieves commercially. For anyone new to this topic, my earlier article explains the fundamentals of patent rights in India: What Is a Patent in India? Understanding Scope, Rights, and Strategic Value.
What types of patents exist in India?
India recognises patents for inventions that are novel, involve an inventive step, and can be industrially applied. These inventions typically fall into practical categories such as product inventions, process innovations, software-implemented systems, AI-driven improvements, biotech and pharmaceutical inventions, chemical technologies, electronics, and mechanical engineering solutions. While the Patents Act does not use rigid labels, these categories guide drafting, examination, enforceability, and global filing strategy.
India’s classification is driven by substance, not form. When drafting, the attorney analyses the inventive concept and translates it into claims that best protect the commercial core. For some companies this means filing broad product claims supported by dependent process claims. For others it means positioning a software architecture as a technical system rather than a mere algorithm. The category influences prosecution timelines, the likelihood of objections, and how examiners interpret technical advancement.
Product Patents in India
A product patent protects the actual article, substance, device, or composition created by the inventor. If granted, this type of patent gives the patentee an exclusive right to stop others from making, using, selling, or importing the product, regardless of the process they use. Because of this breadth, product patents are often considered the strongest commercial assets in a technology portfolio.
In industries such as electronics, medical devices, speciality chemicals, and materials science, a product claim becomes the centrepiece of any enforcement strategy. Investors and acquirers also value product patents because they create a durable competitive moat. For example, a novel semiconductor architecture, a proprietary engineered material, or a new pharmaceutical compound would all typically be positioned as product inventions.
Process Patents in India
A process patent protects the method or sequence of steps used to create a product or achieve a technical result. The protection covers the way the invention is performed rather than the product itself. If someone produces the same output using a different method, they may not infringe a process patent, which is why the strength of this category depends heavily on how unique and technically meaningful the process is.
Process patents are crucial in manufacturing, food technology, industrial chemistry, energy production, and materials engineering. They often protect innovations that improve efficiency, reduce environmental impact, or create economic advantage. For example, a new technique for manufacturing battery cells more efficiently or a novel fermentation process in biotechnology would fall comfortably within this category.
Software Patents and Computer-Related Inventions
When it comes to software, India takes a balanced yet demanding position. Section 3(k) of the Patents Act excludes “computer programs per se” from patentability, which leads many founders to assume software cannot be protected. The reality is more nuanced. If the invention produces a tangible technical effect — such as reduced computational load, enhanced data security, improved network performance, better resource utilisation, or a novel hardware-software interaction — it can qualify.
The key is positioning. A software invention must not look like a business method or an abstract algorithm. It must be drafted as a technical solution to a concrete technical problem. Many global companies successfully patent software in India because their claim strategy focuses on architecture, system behaviour, and tangible technical outcomes. A typical example is a software-based image processing pipeline that improves system speed or accuracy through a novel technical mechanism.
AI and Machine Learning Patents in India
AI patenting is an evolving discipline worldwide, and India is no exception. The Patent Office has shown increasing openness to AI innovations when they demonstrate clear technical advancement. Pure neural network architectures, training data structures, or abstract models are not patentable. However, if AI is integrated into a system that improves performance, reduces latency, enhances decision accuracy, modifies hardware interaction, or creates new computational behaviour, it becomes protectable.
AI inventions are often drafted as systems or processes rather than mathematical constructs. For instance, an AI-edge computing system that enables real-time inference with significantly reduced energy consumption is more likely to pass examination than a claim directed at the model architecture alone.
Biotech and Pharmaceutical Patents
Biotechnology is one of India’s most regulated patent areas because of Section 3 exclusions. Natural substances cannot be patented unless they are modified to exhibit new characteristics or industrial applications. Plants and animals other than microorganisms cannot be patented. Medical treatment methods are barred entirely. Yet despite these restrictions, biotech remains a high-grant category in India.
The key to a successful biotech patent is data. Examiners expect clear experimental support demonstrating novelty, inventive step, and industrial utility. Genetic engineering, diagnostics, novel drug delivery systems, modified peptides, bio-materials, and engineered microorganisms are all active patenting areas. For pharmaceutical inventions, the enhanced-efficacy requirement under Section 3(d) demands robust comparative evidence. This is why biotech and pharma drafting often begins with a detailed scientific analysis rather than a legal one.
Electronics, Embedded Systems, and Mechanical Patents
Mechanical and electronic inventions form a significant share of Indian filings because their novelty is often easier to demonstrate. These inventions cover everything from industrial machinery to embedded firmware innovations, semiconductor structures, electromechanical systems, smart sensors, automation devices, and integrated hardware-software systems. A well-drafted claim here anticipates competitor design-arounds and protects both structural features and functional behaviour.
Mechanical inventions also tend to grant faster because they produce concrete, demonstrable technical results. Electronics filings require more strategic layering, especially when firmware interacts with hardware in inventive ways.
Chemical Patents and Formulations
Chemical patents include new chemical entities, catalysts, industrial solvents, polymers, battery chemistries, and advanced materials. India examines chemical inventions carefully, particularly if the claimed composition is close to known substances. Section 3(d) requires proof that a new form of a known substance shows significantly enhanced efficacy rather than routine optimisation. As a result, chemical drafting often includes detailed experimental data, multiple claim formats, and a strong explanation of technical advancement.
Design Rights: A Necessary Clarification
India does not have “design patents.” Instead, designs are protected under the Designs Act, 2000. A design protects the visual appearance or aesthetic shape of an object, not its functional innovation. Design registration is useful for hardware, consumer products, fashion accessories, and packaging, but it cannot replace a patent. Many startups mistakenly assume a design registration gives technical protection; it does not. It should be used as a complementary rights strategy, not a substitute.
How inventors should choose the correct patent category
Choosing the correct category is a strategic assessment, not a procedural formality. The starting point is identifying the core inventive concept and determining whether the commercial value lies in the physical product, the manufacturing method, the technical performance of the software, the efficiency of an AI-enabled system, or the biological mechanism. A strong patent application often blends multiple categories. For example, a product may be protected through broad product claims while also including process claims, system claims, and software claims that reinforce the same inventive idea. This layered structure is particularly important for PCT filings and for markets like the US and Europe where examination is more granular.
FAQs
1. Does India grant separate product and process patents?
India does not issue separate statutory categories the way the US does, but an invention can be drafted as a product, a process, or both. The rights differ significantly. A product patent stops others from making or importing the invention regardless of the process used. A process patent protects only the specific method. In practice, both categories are often included in the same application to maximise protection.
2. Can AI algorithms be patented in India?
An AI algorithm by itself cannot be patented because it is considered a mathematical method. However, AI-enabled inventions can be patented when they produce a technical effect. For example, an AI system that reduces network latency, enhances image classification accuracy, optimises energy usage, or modifies hardware behaviour can qualify. The key is demonstrating technical contribution, not just predictive capability.
3. Are biotech patents difficult to obtain?
Biotech patents are highly scrutinised but not inherently difficult if drafted correctly. Examiners expect rigorous scientific data explaining what makes the invention novel and non-obvious. Microorganisms, engineered biological materials, novel diagnostics, and drug delivery mechanisms are commonly granted. What is barred are natural discoveries, traditional knowledge, and therapeutic treatment methods. Navigating these nuances requires careful technical and legal coordination.
4. Can the same invention be protected through both product and process claims?
Yes, and this is often recommended. The product claim provides the broadest shield, while the process claim offers a secondary layer covering the method of manufacturing or implementation. Together they make circumvention significantly harder and strengthen your case during global filings or licensing negotiations.
5. Do design registrations offer the same protection as patents?
No. A design protects only the appearance of a product, not its underlying functioning or technical advantage. For example, the shape of a wearable device may receive design protection, but its sensing mechanism would require a patent. Both rights often work best when used together.
Patenting is no longer a compliance formality. For Indian innovators building in AI, digital health, deep-tech manufacturing, and biotechnology, the category and structure of a patent application determine its long-term value. If you are shaping your IP strategy, evaluating patentability, or preparing for PCT filings, choosing the right patent category is the first strategic decision — and it’s one that shapes everything that follows.
About the Author
Rachna Kumar is a registered Patent Attorney with deep expertise in patent drafting, prosecution, and innovation strategy across India, the United States, and key global markets. She advises technology-driven businesses, startups, and R&D teams on protecting high-value inventions through strong patents, clarity in prior art positioning, and commercially aligned filing strategies. Her work spans electronics, software, AI, biotechnology, and emerging technologies, with a focus on building patent portfolios that support scale, investment, and long-term competitive advantage.
Rachna frequently works with founders and in-house teams to navigate the Patent Cooperation Treaty (PCT), national phase entry, office actions, and infringement risk assessments, ensuring clients make informed decisions across the innovation lifecycle.
