Quick Tour (Patent Search)

Know more about Patent Search

A patent gives its owner the right to prevent others from making, using, importing or selling the invention without approval. Before such a right is granted, there obviously is a rigorous check on whether the process or product is inventive (i.e. isn't obvious), novel (hasn't been anticipated in 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 applicant's invention. This is also known as a prior art search.

The usage of Patent search is to know whether the amount of time and money that is to be incurred over the patent application is worth it or not. The patent process can be expensive thus, spending lots of money and time over it could be the last thing that one would want to do especially when there is an option to find prior art that will likely prevent a patent from issuing.

 

Brief Details about Patent Search

A patent is an exclusive right granted for an invention. In other words, a patent is an exclusive right to a product or a process that generally provides a new way of doing something, or offers a new technical solution to a problem. To get a patent, technical information about the invention must be disclosed to the public in a patent application.

 

1) 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 applicant's invention.

 

2) Why is a patent search essential?

Every year, the authorities get thousands of applications for filing patents. Not all the applications filed for a patent get approved by the authorities. The reason usually is that there are other similar inventions/applications or the steps involved in the invention is 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.

 

3) What is inPASS?

In India, a patent is provided by the 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.

A patent search is a mandatory step before filing for patent registration.

 

Registering Authority

  • Office of the Controller General of Patents, Designs & Trade Marks

1

Determine Patent type

2

Identification of Keywords

3

Review Patent and Patent Applications

4

Preparation of Search Report

5

Drafting of Opinion on basis of Search Report

Advantages

First, the search provides insight as to the scope of patent protection that may be granted to you by the patent office. The search results may form the basis on which you decide to invest additional time and funds into the project. For example: legal fees.
Second, the search results aid your patent attorney in writing your patent application. If prior art similar to your invention is found, the patent attorney can draft the patent application to distinguish your invention from the prior art improving your chances of obtaining patent protection.
The search engine aims at exposing most similar inventions. So, the benefit of patent search would lie in the uniqueness of invention. The search result also helps in forming a basis of the cost expenditure that an applicant is about to invest in his invention.

Disadvantages

There are no disadvantages.