Can I patent an artificial intelligence model?

 The short answer is: Yes, but with conditions—especially in India.

Artificial Intelligence (AI) is one of the most talked-about innovations today, and many businesses and startups are eager to patent their AI models. However, when it comes to patenting AI in India, the rules are a bit complex.

🔍 What Does Indian Patent Law Say?

Under the Indian Patent Act, 1970, to be patentable, an invention must be:

• Novel
  
  
• Inventive (not obvious)
  
  
• Capable of industrial application
  
  
• Not excluded under Section 3
  
  

Now, here’s where it gets tricky. As per Section 3(k) of the Patent Act, mathematical methods, business methods, algorithms, and computer programs per se are not patentable in India. Since AI models often involve algorithms or computer-implemented methods, patenting them is not always straightforward.

🤖 Can AI Models Be Patented in India?

You can’t patent the algorithm itself, but if your AI model is part of a larger system that:

• Has a technical effect or solution
  
  
• Is tied to hardware or a specific application
  
  
• Shows improvement in technical performance
  
  

— then it may be considered patentable.

For example, if your AI model is used in a medical device or industrial machinery and enhances performance, it stands a better chance.

👨‍⚖️ Why You Need a Patent Attorney in India

This is where consulting an experienced patent attorney in India is crucial. They can:

• Assess the patentability of your AI innovation
  
  
• Frame your invention in a technically patentable format
  
  
• Help you avoid rejections under Section 3(k)
  
  

💼 How Babaria IP Can Help

At Babaria IP, with offices in Ahmedabad and a strong presence in Mumbai, we have over 18 years of experience in helping innovators protect their work. From software to biotech to AI models, our expert attorneys know exactly how to handle complex filings.

We provide end-to-end patent services—from search and drafting to filing, prosecution, and litigation—in a cost-effective and time-efficient manner.

Conclusion:
Yes, you can patent an AI model in India if it meets specific legal and technical criteria. Before filing, consult a trusted patent attorney in India to evaluate and guide your application properly.

Have an AI innovation you want to protect? Connect with Babaria IP today!