The global intellectual property landscape is witnessing a significant shift as digital transformation accelerates across borders. On February 19, 2026, a pivotal session titled IP Manthan on Patentability 2026 brought together legal experts and innovators to discuss a complex subject: the patentability of Computer-Related Inventions (CRI) in India and Sweden. This collaborative dialogue, organized by the Office of the Controller General of Patents, Designs and Trademarks in India, provided a critical platform for comparing how two distinct jurisdictions approach the protection of software-driven innovation.
Understanding Computer-Related Inventions
Computer-Related Inventions refer to any invention that involves the use of computers, computer networks, or other programmable apparatus. In the modern era, these inventions often include features of algorithms, programs, or data structures. However, defining the boundaries of what constitutes a patentable invention in this field remains a challenge. The core of the debate usually centers on whether a piece of software provides a technical solution to a technical problem or is merely a mathematical method or business process.
During the discussions at IP Manthan 2026, experts highlighted that the legal frameworks in India and Sweden, while aiming for the same goal of fostering innovation, have unique nuances. For businesses looking into Patent Filing for their software products, understanding these nuances is essential to ensure that their applications meet the specific “technical character” requirements of each region.
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The Indian Perspective on CRI through IP Manthan on Patentability
In India, the patentability of CRI is governed primarily by Section 3(k) of the Patents Act, 1970. This section states that a mathematical or business method, a computer program per se, or algorithms are not inventions. The phrase “per se” has been the subject of much legal interpretation. The Indian Patent Office has issued various guidelines to clarify that if a computer program is integrated with hardware and results in a technical effect or solves a technical problem, it may be eligible for IP protection.
The Indian approach emphasizes that the invention must be more than just a set of instructions. It must demonstrate a technical contribution. At IP Manthan 2026, Indian delegates explained that while the bar is high, the country is increasingly becoming a hub for tech patents, provided the applicants can clearly articulate the physical or technical application of their software.
The Swedish and European Approach
Sweden, as a member of the European Patent Convention (EPC), follows the guidelines set by the European Patent Office. Similar to India, the EPC excludes computer programs “as such” from patentability. However, the European approach focuses heavily on the “two-step” test. First, the invention must have a technical character. Second, the inventive step must reside in the technical features of the invention.
The Swedish experts at IP Manthan 2026 noted that their jurisdiction often looks for a “further technical effect.” This means that the software must go beyond the normal physical interactions between the program and the computer. For instance, an algorithm that improves the internal functioning of a computer or controls an industrial process is generally seen as a valid candidate for IP protection.
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Comparative Insights and Global Patent Filing
One of the key takeaways from the event was the importance of drafting patent applications with a global perspective. Since the definitions of “technical contribution” can vary, a developer or company must be meticulous during the patent-filing process. A strategy that works in the Indian Patent Office might require adjustments when filing in Sweden or before the European Patent Office.
The dialogue at IP Manthan 2026 served as a reminder that harmonizing these standards is a work in progress. While both India and Sweden exclude “pure” software, they both recognize the value of software that drives mechanical, industrial, or computational efficiency. This shared middle ground is where the most significant growth in international patenting is currently occurring.
Conclusion
The insights shared during IP Manthan on Patentability 2026 emphasize that the world of intellectual property is not static. As artificial intelligence and machine learning continue to evolve, the definitions of what can be patented will likely continue to shift. For innovators, the message is clear: staying informed about the specific legal requirements in different jurisdictions is the best way to secure their digital assets. By understanding the intersection of law and technology in both India and Sweden, stakeholders can better navigate the complexities of protecting their inventions on a global scale.
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