What is a Patent Search?
A patent gives its owner the right to prevent others from making, using, importing or selling his/her invention without approval. Before such a right is granted, a rigorous check is done on whether the process or product is inventive; or novel hasn’t been anticipated in any published document; and industrially applicable (possesses utility). It involves a search of the intellectual property regulator of India’s database, to check whether there exists an object or invention that is the same as or similar to the applicant’s invention.
Benefits of a Patent Search
Test Of Inventiveness
Before paying the government fees for a patent, it is sensible to do a search to test the inventiveness of the product or process. It’s the only way to know how likely it is for your patent to be granted. While you may be aware of a product’s commercial uses, it is entirely possible that a competitor has patented a product or process similar to yours, but not begun using it yet.
Improves Approval Chances
If a patent has been granted to a product or process similar to yours, it could cause your application to be rejected. Hence, you should be able to frame your application to reflect on how yours is different.
Checklist For Patenting Inventions
- Art, process, method or manner of manufacture,
- Machine, apparatus or other articles
- Substances produced by manufacturing
- Computer software with technical application to industry or used with Hardware, and (5) Product patent for food, chemicals, medicines, and drugs.
Why Is A Patent Search Essential?
Every year, patent authorities get thousands of patent applications. Not all applications are approved by the authorities. The reason being there are other similar inventions/applications or the steps involved in the invention, and hence not innovative. For example, pharmaceutical companies in India file for patents every year when their research and development teams invent a product or mostly, the ‘steps’ to formulate or derive a particular active ingredient (drug). Often, these drugs are not innovative and the innovation is not registered. Thus, instead of wasting time on the patent process, it is best to find out through Patent Search if there are any similar inventions/applications already patented.
How Startupgenie carries out its Patent Search Process
Publication In A Recognised Journal
You would need to send in all the details regarding the Patent Search, including uses of the invention, benefits over existing products or processes and its publication in a recognised journal, if any.
Your Startupgenie legal professionals will take up your request and conduct a thorough search of the database. The time it takes to conduct this search would depend on the scope of the invention, the industries it is applicable to and the number of similar existing products/processes. Once the Patent Search confirms that your product or process is innovative, you can begin filing the application.
Documents For required for filing a Patent in India
- Complete specification (in English)
- Name, address, and nationality of inventors
- Name, address, and nationality of applicants
- Power of Attorney (To be filed in case the application is filed by a patent agent)
- Assignment Deed or Application Form endorsed by the inventor (if the inventors are not the applicants)
- Details of corresponding applications filed in other countries (Information and undertaking under Section 8)
- Verified English translation of the priority application (required for convention applications).
- Verified English translation of the PCT application (required only for national phase applications) Agent can verify the English translation of PCT application on behalf of the applicant.
- Certified copy of the priority application, if requested by the Controller (required usually for convention applications, but may also be requested for national phase application in case the priority document was not submitted with the International Bureau)
- Sequence listing in computer-readable text format (if any) (no print form is required to be submitted)
- Permission from National Biodiversity Authority (in case any Biological material used in the invention is from India).
If There Is A Public Search Function, Why Hire An Expert?
Although the database is simple and easy to operate, the process of the Patent Search itself requires an expert in the field. The patent agents or an attorney with expertise in patent filing can improve accuracy and help speed up the search process. Such a thorough search can help you decide whether to go ahead with the patent application or not, and also to identify the areas in which your investors and competitors are interested in.
What Is InPASS?
In India, a patent is provided by the Indian Patent Advanced Search System (InPASS). This was introduced in 2015. InPass allows a full text search of all patents and applications that have been registered so far in the country. Every year, several companies and individuals file for patents for their inventions. Hence, an official register or database is maintained to ensure no duplication of patents on similar or same products/applications are awarded. The Patent Search is thus an attempt to search the complete database to find if any company or individual has filed for a patent for an application similar to the one for which patent is being sought. InPass, the database where all patents and patent applications are stored, gives a detailed account of all the patents in the area of research, and thus, help in analysing, scrutinising and also deciding if it is worthwhile to file for a patent registration.
Access To Experts: We provide access to reliable professionals and coordinate with them to fulfill all your legal requirements. You can also track the progress on our online platform, at all times.
Realistic Expectations: By handling all the paperwork, we ensure a seamless interactive process with the government. We provide clarity on the incorporation process to set realistic expectations.
300-Strong Team: With a team of over 300 experienced business advisors and legal professionals, you are just a phone call away from the best in legal services.
FAQs on Patent Search
What Is A Patent Search?
A Patent Search is a preliminary process for filing/applying for a patent. Before such a right is granted, there obviously is a rigorous check on whether the process or product is inventive, novel (has not been a part of any published document) and industrially applicable (possesses utility). It involves a search of the database of the intellectual property regulator of India to check whether there exists an object or invention that is the same as or similar to the applicant’s invention.
When does a patent expire?
20 years from the date of filing for a provisional or permanent patent, the patent falls into the public domain.
What information do I need to provide?
The details of the invention can be shared on a CD or a pen drive, along with its name, comparison with existing products, uses, and date of publication (if any). Applicant information is also required.
What is expected from the patentee as an obligation?
A patentee must disclose the invention in the patent document for anyone to practice it after the expiry of the patent, or practice it with the consent of the patent holder during the life of the patent.
Is there a worldwide patent?
Filing an application in India enables the applicant to file a corresponding application for the same invention in other countries, within or before the expiry of twelve months from the filing date in India. Therefore, separate patents should be obtained in each country where the applicant requires protection of his/her invention in those countries. However, there is no patent that is valid worldwide.