After submitting your paper or electronic application for a patent, the United States Patent and Trademark Office will issue you a submission receipt via email. The receipt for your patent will include the application number. Keep the filing receipt and other papers from the Office together in Sequence, as they will make it easier to keep track of your application. The following is how to check patent application status online through the Patent Application Information Retrieval (PAIR) system. You may be unable to access PAIR while connected to your company’s network because the USPTO IP address range may be blocked. Contact your IT department for the Internet Protocol (IP) address associated with your personal computer. We will happily provide you with the access form necessary to set up your personal IP address for external access. Please be aware that you cannot already be registered with the patent system to request an IP address.
What is Patent Search?
The legal definition of a patent is a title granted by law for a given period of time to the person who has registered a patent on a new invention that has never existed in the entire world or has never existed in the natural environment. Which, in other words, is used to give him the total right to say without being interrupted about a good or even service. Since the patent belongs to him, he can restrict other community members from saying anything about this given invention. This means the owner of this patent profits, and no other person can when marketing, selling, manufacturing, etc., the invention.
However, the journey to obtain patent registration is not a one-size-fits-all process; the product must demonstrate novelty and meet the criteria for uniqueness. In Indian patent law, doing an elaborate patent search is mandatory to uncover relevant “prior art(s)” to ensure the chances of the invention being patentable. This involves scrutinizing patent publications to ascertain whether anything similar exists in the public domain, helping to determine the novelty of the intended invention.
How do you Conduct a Patent Search in India?
When undertaking a patent search in India, the resulting report organizes patents related to your invention based on their relevance. This search, which is offered free of cost, categorizes patents under two publication types: published or granted.
To initiate the search, input details such as the patent application’s title, description, applicant name, inventor name, or application ID. The system will then generate a list of pertinent patents, providing information on their status, application ID, application year, and field of invention.
Additionally, you can download a PDF file containing the patent search and analysis report for future reference.
Understanding the Three Types of Patents in India
India recognizes three main types of patents, each catering to specific eligibility requirements and types of inventions or discoveries:
Utility Patent:
Encompasses the possession, machine, composition of matter, and manufacture in a novel and useful manner.
It can be filed for acts or methods involving technical or industrial processes, chemical compositions, or the creation of mechanical products such as computers.
Design Patents:
Focuses on the appearance of an object, including its shape or configuration.
To obtain design patent protection, the design must be distinguishable and protect only the visual characteristics of the object.
Plant Patents:
Protects new and distinctive plants, except for tuber-propagated plants or those found in an uncultivated state.
Asexually reproduced plants are eligible for plant patent protection.
Duration of a Patent Search:
The first step in the patent search process greatly indicates how unique and novel your invention is. The patent search process shows results immediately on your computer screen. It’s also super easy to use, Even though the inventor loves some hands-on work. Seven days for a provisional patent and ten days for a non-provisional patent are required to complete the Patent Registration Process, the second approach. Our methodology enables you to obtain an expeditious assessment of the patentability of your innovation.
How do I check the application status of my patent?
You can conveniently verify the status of your patent application using the inPASS portal. Simply enter your application number, as provided during the patent application process. Input the Captcha, and click on the ‘Show Status’ icon below. The application number typically follows a format like 1234/DELNP/2011 (provided here as an illustration).
This action will navigate you to a page that presents the specific details of your application.
The details section will contain the current status of your application, whereas the “View Documents” link in the bottom right corner of the page will direct you to the documents that you have uploaded.
What do the various application statuses mean?
You may come across various application statuses as follows:
Application Does Not Exist:
The Indian Patent Office may publish any Patent Public application. The status changes from “Application not published” to “Application published” if the Indian Patent Office grants publication to the patent application. The publication of the application signifies that the deadline of 18 months from the date of submission or the priority date of the application has not elapsed.
Application Published:
Complete applications are published 18 months after filing. This status indicates that your patent application has been officially published in the journal.
Awaiting Exam:
Possibly, “Anytime before the priority date or forty-eight (48) months from the date of filing, whichever is later, a Request for Examination must be submitted.” Your application will be considered withdrawn if you fail to submit a Request for Examination within the specified time frame. The examination status is “Pending Examination” if an examiner has not examined the patent request that you have submitted.
First Examination Report Issued:
This status signifies that the patent FER has been issued, and your response is awaited. You must respond within six months from the FER date, with a possible extension of 3 months. If you have submitted amendments in response to the FER, your status will be “Application in Amended Stage.”
Abandoned:
The application does not continue after abandonment, which occurs under two circumstances:
- Section 9: When the complete specification is not filed within 12 months of the provisional application filing.
- Section 21(1): When the application for a grant is not put in order within six months from the FER date.
Withdrawn:
Withdrawal happens under two circumstances:
Upon submission of a withdrawal request via Form 29 as specified in subsection (4) of section 11B, The request for examination is considered withdrawn after forty-eight months have passed since the filing or priority date.
Application Refused:
The status of this application is refused as it does not comply with the requirements of the IPA Act and has been refused under section 15.
Granted:
This is when the patent is granted and has been published in the Gazette.
What is the patent-pending status?
Once a patent application has been submitted and is being reviewed without being withdrawn, abandoned, or denied, it may be designated as “patent pending.” Notably, this label serves merely as a precautionary measure and does not grant you the legal capacity to file a lawsuit alleging infringement. Nonetheless, it can serve as an effective deterrent, deterring inadvertent violations. Due to this rationale, certain individuals opt to employ the phrase ‘patent-pending,’ notwithstanding the uncertain legal advantages that may ensue.
How can I search for patents?
The inPASS system, as mentioned earlier, offers three distinct search services accessible through three dedicated tabs:
- Application Status: This feature allows users to check the current status of their patent application, as previously discussed.
- Patent E-Register: This service is designed to search for granted patents. The 6-number code, the patent number, has more extended details. It includes years in which the patent is active, the year when the patent was accepted, the year the patent was paid to stay active, and more. It also includes the patent-ee, the company’s name, address, and more.
- Patent Search: Commonly referred to as patent searches, the general patent search service can offer you the details you need about an ongoing application, an approved patent, or an expired one. It’s a smart move to do a general patent search before submitting your own patent application. It helps identify any similar pending applications or previously granted patents related to your invention. The portal offers multiple search options categorized as follows:
- Keyword Search: Enter relevant keywords to refine your search. Using multiple keywords enhances the precision of your results. Simply type in the required keywords. Then finish the Captcha and press the search Icon at the very bottom right of the window. This will provide all the information for the patent. Everything includes the patent application, abstract, and all the complete specifications.
Benefits of checking the patent application status online
- Timely Updates: Frequently viewing the status of your patent application via the internet is helpful because it allows you to regularly receive new information concerning the progress of your application. So you can be knowledgeable about any new developments, needs, or changes pertinent to your patent.
- Deadline Awareness: Being aware of the ongoing status of your patent application is what keeps you ahead of the deadlines. It lets you track important milestones like the First Examination Report (FER) and submit responses within the stipulated time.
- Avoidance of Abandonment: The online tracking system helps you avoid the risk of abandonment. If the application status shows any abandonment symptoms, then action should be taken immediately to finish the deficiency or non-compliance.
- Strategic Decision-Making: This gives you real-time information and signature identifications, which empowers you to make strategic decisions based on the data obtained for your patent application. For example, you might decide to withdraw, amend or file a response to a cited office action based on the most up-to-date status.
- Protection Against Infringement: To stifle those who might infringe upon your product or procedure, you can label your thing or process as “patent pending.” This isn’t really the melted truth; when a provisional is filed, legal protection is pending – in progress. How could someone tell that the process was pending if you didn’t approve the label? That just might discourage some other party from following suit and thereby infringing on your patent since it lets them know that legal protection is in progress.
Conclusion
The task of conducting a patent search is critical for inventors and patent applicants throughout various stages of the process. Before applying, an initial patent search should be done to understand the likelihood of receiving a patent grant and developing preferred claims. Additionally, after filing the application, its status should be consistently monitored. This is done to keep apprised of any deadlines or potential new requirements so one might proactively address all necessary actions; proper management of a patent application will be key to its success.
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