Service ID: V06-SVC-002 Direct Regulatory Service Copyright Act, 1957 read with Copyright Rules, 2013

Software Copyright, Source Code & Tech Patent Filings

Securing statutory copyright protection for proprietary computer software, source code, APIs, and GUI designs as literary works, and patenting qualifying Computer-Related Inventions (CRIs) that demonstrate technical advancement and technical effect.

Statutory Authority

Copyright Act, 1957 read with Copyright Rules, 2013 & Patents Act, 1970 read with CRI Guidelines, 2017

Governing Jurisdiction

Republic of India (Central Portal)

Execution SLA

3 to 5 Business Days

Why This Statutory Filing Is Required

Securing statutory copyright protection for proprietary computer software, source code, APIs, and GUI designs as literary works, and patenting qualifying Computer-Related Inventions (CRIs) that demonstrate technical advancement and technical effect.

Statutory Mandate: Copyright Act, 1957 read with Copyright Rules, 2013 & Patents Act, 1970 read with CRI Guidelines, 2017

Who This Service Is For & Statutory Eligibility

Technology startups, SaaS founders, enterprise software houses, app developers, and independent creators seeking to establish prima facie legal ownership over codebases and technological innovations.

Prerequisites & Mandatory Documents Checklist

  • Full source code extract (first 10 and last 10 pages for copyright, or complete sanitized repository)
  • Software functionality brief, system architecture diagrams, and user interface workflows
  • Author/Developer assignment agreements (verifying entity ownership under work-for-hire Section 17)
  • Entity incorporation documents, MSME Udyam certificate (for 80% patent fee concession)
  • NOC from authors and copyright holders in Form XIV / Statement of Particulars
  • Power of Attorney (Form 48 / Form 26) authorizing patent/trademark agent

Step-by-Step Portal Execution Procedure

  1. Step 1: Review source code and architecture to establish copyrightable expression vs patentable CRI
  2. Step 2: Prepare Form XIV application for software copyright on the official Copyright Portal
  3. Step 3: Upload source code PDF, object code specifications, and Statement of Further Particulars
  4. Step 4: Receive official Diary Number; mandatory 30-day statutory waiting period for public objections
  5. Step 5: Scrutiny by Copyright Examiner; reply to discrepancies/objections (if raised)
  6. Step 6: Issuance of official Certificate of Registration of Copyright by the Copyright Office

Transparent Pricing & Statutory Cost Architecture

Government Fees & Disbursements

Government Statutory Fee: Software Copyright (Literary Work) fee: ₹500 per work on copyright.gov.in. Patent application fee (Form 1): ₹1,600 (Natural Person / Startup / MSME) or ₹8,000 (Large Enterprise).

Statutory Penalties for Non-Compliance

Operating without copyright registration deprives tech companies of statutory prima facie evidence of ownership under Section 48 of Copyright Act, making it difficult to obtain ex-parte interim injunctions against ex-employees or competitors stealing proprietary source code.

Dedicated operational desk: Alappuzha, Kerala • Pan-India MCA V3 / Income Tax / GST e-Filing Infrastructure.

Frequently Asked Questions

Is software patentable in India?
Under Section 3(k) of the Patents Act, a computer program per se is not patentable. However, if the software produces a technical effect or is tied to novel hardware demonstrating technical advancement, it qualifies as a Computer-Related Invention (CRI).
How long does software copyright protection last in India?
Software copyright lasts for 60 years from the year following the publication date (or 60 years from the author's death for individual authors).