CRI Guidelines 2025: A Clearer Path for Patenting Digital Innovation

In an era where technology evolves faster than ever, the boundaries of innovation are constantly shifting. The wave of Industry 4.0—marked by automation, data exchange, and smart manufacturing—has already transformed how businesses operate. Now, Industry 5.0 is emerging, focusing on human–machine collaboration, sustainability, and personalization. In this rapidly changing landscape, inventions increasingly rely on digital technologies such as Artificial Intelligence (AI), Machine Learning (ML), blockchain, and quantum computing.

While these advances open new possibilities, they also raise a recurring question: when does software-led innovation qualify for patent protection?

To address this, the Office of the Controller General of Patents, Designs & Trade Marks (CGPDTM) issued the updated Computer Related Inventions (CRI) Guidelines 2025 on June 24, 2025. These Guidelines aim to bring clarity, consistency, and global alignment to the evaluation of inventions involving computer programs, algorithms, and related technologies—ensuring that India’s patent framework keeps pace with the realities of the digital and industrial revolutions.

Purpose of the CRI Guidelines 2025

  • Understanding Section 3 of the Patents Act Section 3 of the Indian Patents Act specifies what is not regarded as an invention. These exclusions protect the integrity of the patent system by ensuring that protection is granted only to inventions meeting both technical and legal thresholds, and not to abstract ideas or principles without industrial applicability.

  • Specific Role of Section 3(k) Section 3(k) states that “a mathematical or business method or a computer programme per se or algorithms” are excluded from patentability. This means that standalone software, without a demonstrable technical application or contribution, cannot be patented in India. However, if it forms part of an invention that solves a technical problem through a technical solution—whether in manufacturing, automation, or Industry 5.0 human–machine interaction—it may qualify for protection.

  • Why the CRI Guidelines 2025 Are Needed The interpretation of Section 3(k) has evolved over the years. Earlier CRI Guidelines—issued in 2013 and updated in 2015, 2016, and 2017—provided direction but often left room for differing interpretations between applicants and examiners. The 2025 update consolidates those learnings, integrates judicial precedents, and adapts the framework to the needs of Industry 4.0 and 5.0 environments, where software innovations often drive tangible technical advancements.

Key Principles in the CRI Guidelines 2025

  • Technical Contribution Is Essential The invention must deliver a technical effect or technical contribution, not merely automate a process or execute an abstract function.

  • Software per se Still Not Patentable A program in isolation, without integration into a technical framework or resulting in measurable technical improvement, remains excluded under Section 3(k).

  • Form Does Not Decide Patentability Whether claimed as a method, system, or apparatus, the determining factor is the substance—particularly the technical advancement offered.

  • Detailed and Enabling Disclosure Applications must clearly explain how the invention achieves its technical outcome, not just what it does.

  • Judicial Reinforcement Indian court decisions such as Ferid Allani and Microsoft Technology Licensing have clarified that software-based inventions can be patentable if they present genuine technical improvements.

  • Global Relevance The Guidelines align with international practices, supporting innovators in pursuing protection across jurisdictions—an advantage in globally interconnected Industry 4.0 and 5.0 supply chains.

  • Boost to Quality Filings Clearer examination parameters are expected to enhance both the quantity and quality of filings in software and digital technology domains.

The CRI Guidelines 2025 represent a mature and forward-looking step in India’s patent policy. By bridging legal clarity with the practical realities of Industry 4.0 and 5.0, they provide innovators with the confidence to protect genuine technical advancements in a globally competitive environment.

As the digital economy grows in scale and complexity, these Guidelines act as both a compass—guiding innovators toward protectable subject matter—and a catalyst—driving responsible innovation, precise claim drafting, and a globally aligned approach to intellectual property protection.

With the CRI Guidelines 2025 offering clearer pathways for protecting software-led innovation, the challenge ahead is clear—will India’s innovators turn breakthrough ideas into patent-worthy technologies that not only compete globally but set the benchmark for the world to follow?

Picture of Gopi Trivedi

Gopi Trivedi

Ms. Gopi Trivedi, Senior Partner and Head of the Patent Division at Y. J. Trivedi & Co., brings over two decades of expertise encompassing patent-related domains including patent drafting and prosecution, opposition proceedings, advisory, licensing, and valuation along side management aspects. Steering her competent team through all facets of Intellectual Property rights, she actively participates in strategic planning and decision-making, contributing significantly to the firm's success with her multifaceted approach. Her achievements have been recognized with numerous accolades. Most notably, in 2018, under her leadership, Y. J. Trivedi & Co. set a World Record for filing the highest number of patents in a single day, underscoring her exceptional leadership and expertise in the field.