Deep-Tech & Enterprise Software

Intellectual Property Counsel for Technology Companies

Technology businesses navigate an intricate intersection of code, algorithms, hardware interfaces, and global data privacy standards. Standard legal agreements fail to capture the technical reality of microservices, machine learning models, and cloud-native deployments. We provide specialized intellectual property counsel designed specifically for technology enterprises, SaaS platforms, and deep-tech innovators.

Section 3(k) Guide → Patents Practice → Software Copyright → Chip & Layout IP →

Software & AI Patents (CRIs)

While Section 3(k) of the Patents Act excludes "computer programmes per se", patents are routinely granted for Computer-Related Inventions (CRIs) that produce a tangible technical effect or improve hardware operation. We structure claims to satisfy Indian Patent Office guidelines and international PCT standards.

→ Section 3(k) overcoming strategies via technical effect argumentation
→ Artificial Intelligence, machine learning & neural network patent drafting
→ Cloud computing, cryptographic protocols & blockchain patent claims
→ International patent prosecution under the Patent Cooperation Treaty (PCT)

Source Code Copyright & Trade Secrets

Under the Copyright Act, 1957, computer software is recognized as a literary work. We register source code with the Copyright Office, maintaining confidentiality of proprietary algorithms while creating prima facie evidentiary proof of authorship and creation dates.

→ Software source code registration with redacted trade secret extracts
→ UI/UX and graphical interface copyright protection
→ Algorithm and proprietary dataset trade secret protection protocols
→ Civil litigation for source code misappropriation & employee data theft

SaaS Licensing & Enterprise Contracts

Commercial technology revenue depends on clear, enforceable customer agreements. We draft and negotiate enterprise SaaS contracts, API license terms, and cloud infrastructure agreements that protect recurring revenue while capping contractual liabilities.

→ Enterprise SaaS Master Subscription Agreements (MSA)
→ API terms of service, developer agreements & SDK licenses
→ Service Level Agreements (SLAs) and uptime performance metrics
→ Data Processing Agreements (DPA) compliant with DPDP Act 2023 & GDPR

Open Source (OSS) & AI Governance

Modern software relies extensively on open-source libraries and pre-trained foundational models. Unchecked usage of copyleft code or copyrighted training datasets can infect proprietary codebases and expose technology companies to massive liability.

→ Open source software compliance audits (GPL, AGPL, Apache, MIT)
→ Remediation strategies for dual-licensing & copyleft contamination
→ AI training data rights assessment & fair dealing advisory
→ Corporate AI acceptable use policies for engineering teams

Frequently Asked Questions

Can artificial intelligence algorithms be patented in India?

Pure mathematical formulas and abstract AI models cannot be patented under Section 3(k). However, when an AI model or algorithmic pipeline is applied to solve a concrete technical problem — such as optimizing semiconductor power routing, processing medical diagnostic imagery, or enhancing network packet routing — it qualifies as a patentable Computer-Related Invention (CRI).

How does Indian law treat copyright in computer source code?

Section 2(o) of the Copyright Act, 1957 includes computer programs, tables, and compilations within the definition of "literary works". Copyright protects the literal expression of the source code and object code against unauthorized copying, decompilation, and distribution, though it does not protect the underlying ideas or functional algorithms (which require patent or trade secret protection).

What is the risk of using AGPL or GPL open-source code in commercial SaaS?

Strong copyleft licenses like the GNU General Public License (GPL) and particularly the Affero GPL (AGPL) require that any derivative software distributed or interacted with over a network must also have its complete source code released under the same open-source terms. If your proprietary SaaS product links to an AGPL library without proper architectural separation, you may be compelled to publish your entire proprietary codebase.

Who owns IP created by software engineers using company resources?

Under Section 17(c) of the Copyright Act, an employer is the first owner of copyright in works created by an employee in the course of employment under a contract of service. However, for patents and trade secrets, statutory presumption is less definitive. Therefore, clear employment agreements containing express invention assignment and moral rights waiver clauses are legally mandatory.

Engineering Counsel

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