ARCHIVES
VOL. 12, ISSUE 1 (2026)
Patentability of software and business method inventions: A cross-jurisdictional analysis
Authors
Ankita Sanganeria
Abstract
The rapid expansion of digital technologies has reignited global debate
over the patentability of software and business method inventions. While
innovation in fintech, artificial intelligence, and platform-based economies
increasingly relies on software-driven solutions, patent systems across
jurisdictions remain divided in their approach to such subject matter. This
paper undertakes a comparative legal analysis of the patent regimes governing
software and business method inventions in India, the United States, and
Europe. It examines the historical evolution of patent law in these
jurisdictions, as well as statutory exclusions, judicial interpretations, and
administrative guidelines that shape the scope of protection. Particular
attention is given to the tension between encouraging technological innovation
and preventing the monopolisation of abstract ideas. The study evaluates key
judicial trends, regulatory reforms, and policy rationales underlying divergent
approaches, highlighting the implications for innovation, competition, and
legal certainty. By critically analysing cross-jurisdictional developments, the
paper identifies doctrinal inconsistencies and proposes a balanced framework
for assessing patent eligibility in the digital era.
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Pages:347-352
How to cite this article:
Ankita Sanganeria "Patentability of software and business method inventions: A cross-jurisdictional analysis". International Journal of Law, Vol 12, Issue 1, 2026, Pages 347-352
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