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Patent Search

The patent is one of the most popular and important kinds of intellectual property protection in India. These are used in many different industries for newly invented products. Every applicant should run an IP India Public Search to determine if you can get a patent for a product, you designed that is unique. Doing a patent search is the first step towards commercializing your intellectual property. When carried out correctly, it can ultimately save you an excessive amount of trouble. A thorough pattern search that identifies current patents could be useful to understand the possibilities open to you.

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Definition of Patent Search

In order to find out if a similar or same invention has already been patented or made public, an organized process for looking through the Indian Patent Office's (IPO) and another global patent databases is called as a patent search. The search aids in establishing an invention's uniqueness and non-obviousness, two necessary circumstances for patentability.

Search System for Indian Patents

An upgraded version of IPAIRS, the Indian Patent Advanced Search System [InPASS], enables full-text searches of all Indian patents and patent applications. With InPASS, one may even use Boolean operators and wild cards to perform a patent search.

A thorough search for patents in India is possible using the IP India patent office database, InPASS.

Submitting a patent application requires first doing a patent search.

Significance of Patent Search

In India, the value of a patent search cannot be emphasized.

If a similar invention already exists, it helps innovators and businesses save needless patent filing costs.
The potential in order to get this patent.
Finding the likelihood that an application will be rejected
Being aware of information about the claims you plan to make in your application
Moreover, it helps prevent possible issues relating to patent breaches that may result in expensive legal disputes.

Categories of Patent Search

Depending on the search's objectives, a number of patent searches can be performed, including:

Novelty search / Patentability search: This search is performed out to discover whether an invention is fresh, imaginative, or novel.
Validity/Invalidity search: Performed to establish the validity of a patent or to declare a rival's patent invalid.
Freedom to Operate (FTO) search: Executing to verify that a product or process's commercialization does not violate any patents that are currently in use.
State of the Art search: The purpose of this search aims to obtain a broad understanding of a particular technology domain and the leaders inside it.

Benefits of Patent Search

Clarification of Infringement: Under the patentability process, Patent Search clarifies situations of copying or violating the invention, product, or service.
Determining Novelty: It establishes if the product is new enough to warrant a patent.
Estimating the Scope of Patent Protection: The magnitude of the patent protection that the Patent Office will give you is estimated through a patent search approach.
Case Stimulation Against Objections: A patent search helps protect an invention against criticism from other applicants or patent holders over its legitimacy or evidence.
Search Conduction for Inactive Patents Database: In addition to looking up copies or similar patents in the expired or inactive patents database, a patent search is equally relevant to already-issued patents.
Preventing Superfluous Expenses: Earlier than making an investment, it assists in avoiding needless costs in the innovator industry.

Eligibility for India's Patent Search

If an invention satisfies the following requirements, it is given a patent:

1) The Novelty

It follows that the innovation cannot be a part of the previous state of work and must be entirely new. It also cannot have been exhibited, published, or made publicly known.

2) Creativity

This invention's aspect, which is immediately apparent to everyone, entails the advancement of the state of knowledge currently in existence.

3) Utility

An invention needs to be used in a procedure that is used in industry. Thus, patentability is conferred to an invention that is able to be made, used, and replicated.

Online Process for Indian Patent Search

The Indian Patent Search Process consists of the following steps:

Go to the Official Website

The first step is for the applicant to go to http://ipindiaservices.gov.in/publicsearch on the official website.

Choose Patent Search

Following this, the applicant will be taken to a page with four tabs labelled as follows:

Patent Search, Patent Application Status, Patent E-register and Assistance.
The "Patent Search" option must be selected by the applicant.

Choose the Publication of Your Choice

Two patent searches, which are called "Published Patents" or "Granted Patents," are available to candidates. After choosing a type, the applicant needs to click on the following categories:

Date of Application: The applicant may select a date from the list of possible dates.
Abstract
Claims
Title
Application Number
Patent Number [For Granted Patent] Description
Name of Applicant;
Name of Inventor;
Country;
Address of Inventor;
Filing Office;
IPC (International Patent Classification).
Application number for PCT (used for national phase only).

Search by Keywords

The candidate must perform a keyword search using the relevant keyword after completing every category. Following the search's conclusion, the application number and further details will be shown in the results as follows:

Technical specifications,
Bibliographic data, and
Patent status inventor or applicant name search

By entering the name of the applicant or inventor, InPASS makes the applicant to perform a search.

Application Status for a Patent

The Indian patent search database is similar to the patent grant search in that it allows you to verify the status of a patent application. On the "Application Status" page, type in the application number and the code that shows, then click "Show Application Status." Information about the application, like the application number, applicant name, filing date, priority date, invention title, publication date, and application status, will be provided in the outcome. You can additionally observe all the documents relevant to the patent application by selecting the "View Documents" tab at the bottom of the result page.

E-registration for Patents

The Indian Patent Search Database can be used to find out the issued patent's legal status. On the "Patent E-register" tab, type in the patent number and the code that is presented, then click "Show E-register." The result will display the legal standing of the patent, the date of any further extensions, and bibliographic data.

Risks & Challenges

A clear understanding of technology, patent databases, and patent law is necessary to navigate the often difficult and time-consuming process of finding patents. Important patents may go unnoticed because of the substantial amount of patent databases and the intricacy of patent language. Furthermore, there's a potential for future violation because unpublished patent applications that are not available during the search could exist.

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Kanakkupillai is a leading legal consulting company in India. We have been providing high-quality services in both developed and growing markets. Secure your business identity with Kanakkupillai's services. Get in touch with our Patent Experts to take access of our patent search services.

Frequently Asked Questions

Patents: What are they? +

Patents are the exclusive rights to your creation that the government grants you for a finite amount of time.

How does a patent search work? +

Patent Search is a research and data mining service that searches published non-patented concepts in addition to all legal documents and literature.

What is protected by a patent? +

Any innovative and a useful technique, creation, or compound can be eligible for patent protection. Both novelty and utility are requirements for an invention.

Why Should You Perform a Patent Search? +

Since your idea needs to be novel, the technology you employ needs to be unique. If a similar idea has already been patented, the patent office will not grant the patent. A company can determine if you should patent an idea or not by using patent searches, that provide strategic input on multiple levels.

What is the Patentability Search? +

To ascertain whether the claims made in the application can be granted or not, a patentability search is carried out. Another name for patentability search is novelty search. Before creating the patent specification, it is suggested to complete this search.

What is FOS, or Freedom to Operate Search? +

The purpose of this search is to find any patents that could impede the product's commercialization process.

What is searched using Prior-Art? +

Prior-Art is any evidence that an invention has already been known by those with a rudimentary understanding of the arts. The grant will be denied if anything was made publicly available before the patent application filing date, regardless of location.

What Makes a Patent Search Important? +

To find and acquire the necessary data to assess if a patent can be granted or not, a patent search is carried out.

How do you determine if there are any innovations that may be compared to yours? +

You should do a search for patentability to find out if your idea qualifies for patent protection. Worldwide, organizations and innovators view patent searches as necessary sources. Search is a tactical tool that constructs a patent roadmap based on several elements, including related technologies and inventions.