Business methods are not patentable in India as per Sec 3(k). The United States, Australia, Japan and Singapore are considered "safe havens" for business method patents. Patent protection for business method patents in Europe is difficult. However business method patent may be allowable in Europe if it satisfies the ‘technical effect’ criteria viz.,
· It solves a technical problem;
· It contain a hardware or machine limitation
· It should incorporate the details regarding the mode of the implementation of the invention via hardware or software.
The latest Manual of Patent Office Practice and Procedure of Indian Patent Office mentions that even machine limitation too would not qualify for business method patent in India. But the manual do not have the force of law.
this is not a legal opinion.