Select Your Location
In this article, we will discuss the relevance of Patent search Filing of the application process of patent registration. It is always recommended to conduct a patent search before initiating the patent registration process.
Table of Contents
Before we discuss the importance of patent search we have to understand what patent registration is in the first place. Any new invention including product, any unique method, etc. can be protected through Patent registration.
This proves to be an asset for your organization and helps greatly in its growth and development. In case of successful patent registration, it proves to be highly beneficial for the organization as it provides a competitive advantage. In order to ensure that there are no issues faced in the process of patent registration, a patent search is a useful trick. Patent search Filing of the application helps you determine if your invention is patentable or not. Patentability of your invention will depend on the following two factors:
It is a well-known fact that in order to register an invention as a patent it must be inventive, useful and non-obvious. To determine that your inventions are in compliance with all those requirements it is suggested to conduct a patent search. Under Patent, a comparative analysis is conducted to make sure that your invention is similar to other registered patients as well as previously filed patent registration application. This patent search is either conducted by the inventor who is making the application or the inventor can also outsource this work to any outside party. The main objective is to find devices or methods similar to your invention that pre-date in comparison to the subject matter of your application. In order to conduct a proper patent search, you are required to inspect all the available public disclosures relating to registered patents.
In order to conduct a patent, you are required to inspect all available published data relating to
You can first and foremost conduct a patent search on the official website. However, that is not the only way available. More information is published by the department on its official website every Friday in the form of the Patent Office journal. This patent office journal is available on the official portal www.ipindia.nic.in in the electronic form. This journal can be accessed free of cost by anyone on the IP India website.
Following details are included in such patent office journal;
If you are planning to apply for patent registration then it is always recommended that you conduct a search before initiating the process. As one spends a lot of hard work, patience along with monetary value in the development of such inventions it is wise to conduct the patent search to add weight to your patent registration application.
Following is a list of reasons advocating the need for patent search before initiating the process of registration application:
A comprehensive patent search report helps you gain an insight into the already registered patents. Any similar patents are reported through the search process. You get to know about the chances of registration your application has in actual. If after conducting this search you come to the conclusion that no similar products already exist are registered then you are boasted with a new level of confidence in your application.
For the approval of a patent registration application, the most important part is the uniqueness of your invention. Conducting a search gives you an idea if the industry trends and if there are any existing similar patents. If there are any similar patents already in the registry then you have an option to make changes or amendments in the subject of your patent registration. This increases the chances of successful patent registration.
Patent search gives you a clear idea if there is an existing patent that is similar to what you are planning to register. If there is an existing registered trademark and there is no to very fewer chances that your patent registration application will be approved then it is better to drop the idea. As any filing in such a case will only lead to wasting time and energy. It is always considered to be a smart move to know when to let go. This is considered to be the attributes of a smart businessman.
No matter how thorough a patent search is conducted, no one can guarantee that it is a foolproof solution for patent registration. There is a possibility that your application for patent registration might be rejected or sent back for clarification even after conducting a patent search. The reason behind that is the fact that a patent search is not perfect. It is possible that a similar patent is registered with different types of keywords and names. This makes the process of patent search futile or highly tedious. Many a time any previous application could have been very similar to yours and it might not be published in any public record. This can result in a total waste of your efforts.
There are many other factors influencing the viability of such patent search reports. But, we cannot rule them out as an irrelevant cost. This gives your patent registration a solid backing and chances of successful patent registration. Patent registration is a tedious process and a lot of time, efforts and dedication are required in the process. A patent search provides a clear idea if your invention is patentable or not. Thus saving a lot of time, effort and money in the process.
Appointing an expert to conduct a patent search on your behalf is a smart idea as they have extensive knowledge in the area and conduct a patent search in great detail. However, they charge a lot of fees for their services. So the question arises if hiring a professional is actually an essential and necessary requirement.
It is recommended that if the inventor is an expert in the field of the concerned invention which will be the subject matter of the application then there is no need to hire a professional to conduct a Patent search Filing of the application. In such cases, the inventor has extensive knowledge of the industry and the technology used by their competitors as well as their efforts to improve it. In such given cases the inventors are already aware of the market and industry developments and the patent search reports do not contribute much to the process.
On the other hand, if the related inventions can be easily tracked then also you can conduct the patent search by yourself.
Patent Search is only recommended when you are unaware of all such factors and want to ensure fast and hassle-free Patent search Filing of the application for your invention.
See Our Recommendation: Trademark Search in India: Complete Procedure.
Experienced Tax and Corporate Law Professional with 5+ Years of Experience in Corporate Laws, NBFC Advisory and GST Implementation
The Financial Action Task Force, i.e. FATF (the Force), is the global money laundering and terr...
Advance tax refers to the payment of the tax liability before the end of the relevant financia...
On 11.12.15, the Hon’ble Delhi High Court (HC) pronounced a landmark judgement in the case ti...
Money laundering can be defined as the process of illegal concealment of the origin of money ob...
Every assessee in India is obligated to file an income tax return and make the timely payment o...
In the recent past, India has seen burgeoning demand for internet and smartphones. The rapid ri...
The Securities and Exchange Board of India (SEBI), the capital markets regulator, has recommend...
The objective of the enactment of the Prevention of Money-laundering Act, 2002, i.e. PMLA (the...
Tax planning is a continuing effort and a management strategy for ensuring the minimization of...
On 18th May 2023, the Securities Exchange Board of India (SEBI) released a Consultation Paper o...
Are you human?: 3 + 1 =
Easy Payment Options Available No Spam. No Sharing. 100% Confidentiality
A trademark opposition is a legal claim opted by any third party to view the trademark and file a trademark opposit...
01 Apr, 2020
Design registration gives a right to the owner for using his product and restricts other to use such product withou...
10 Jan, 2018
Red Herring Top 100 Asia enlists outstanding entrepreneurs and promising companies. It selects the award winners from approximately 2000 privately financed companies each year in the Asia. Since 1996, Red Herring has kept tabs on these up-and-comers. Red Herring editors were among the first to recognize that companies such as Google, Facebook, Kakao, Alibaba, Twitter, Rakuten, Salesforce.com, Xiaomi and YouTube would change the way we live and work.
Researchers have found out that organization using new technologies in their accounting and tax have better productivity as compared to those using the traditional methods. Complying with the recent technological trends in the accounting industry, Enterslice was formed to focus on the emerging start up companies and bring innovation in their traditional Chartered Accountants & Legal profession services, disrupt traditional Chartered Accountants practice mechanism & Lawyers.
Stay updated with all the latest legal updates. Just enter your email address and subscribe for free!
Chat on Whatsapp
Hey I'm Suman. Let's Talk!