Overview of Patent Search
Patent is an exclusive right of making, using, modifying, selling, offering for sale or importing newly invented articles or processes by its owner or inventor after going through with prescribed criteria of patentability search. A Patent grants ownership of 20 years.
A right to patent gives the owner the legal right to prevent others from inventing, using, importing, or selling his / her invention without their consent. Before granting such a right, a comprehensive analysis is undertaken to see if the process or product is unique, innovative (and has not before been anticipated in any public document), and industrially relevant (possesses utility). It entails examining India's intellectual property authority's database for an object or innovation that is the same as or equivalent to the applicant's work.
What is the System related to Patent Search in India?
Patent Search is understood as the procedure in which the applicant carries out a conclusive search as per the aspects relating to the patent. A patent can only be granted with respect to a particular invention.
In 2015, the Indian Patent Advance Search System (InPASS) was introduced. Before this system the IPAIRS (Indian Patent Information Retrieval System) was utilised. As per the rules related to patenting InPass is the amended and updated version for conducting any form of patent search in India. Advanced Patent Search can be conducted through this system.
The system of InPASS has to be used for Patent Search in India (http://ipindiaservices.gov.in/publicsearch/).
Why is a Patent Search Required?
- Assessment of Patent
One of the main reasons of conducting a patent search in India is to access whether the invention of the applicant is patentable. The applicant would also have an idea whether his invention is patentable.
- Helps in Drafting
Conducting the patent search in India would help the applicant understand the meaning of a prior art. Such documentation and search would help the applicant in drafting process.
- Comprehensive Understanding
Conducting this search would also provide a conclusive and comprehensive understanding of the meaning of prior art. The applicant would also get valid input if the application is patentable.
- Commercial Leads
As the patent search is meant for the public view the applicant would certainly get some form of commercial leads when conducting the patent search.
- Commercial Value
The main reason for creating some form of prior art is to secure some form of commercial value from the patent search.
Hence it is important to conduct patent search in India.
Benefits of Patent Search
The following benefits can be enjoyed by the applicant by conducting a comprehensive patent search:
- Monopoly Advantage
An applicant conducting the patent search would definitely secure some form of competitive advantage by registering the patent. No competitor would be able to challenge the patent application. Plus another added benefit is the competitive advantage gained by the applicant of the patent.
- Receiving of Royalty
One of the main reasons for registering the patent is to be the original owner. Apart from this the owner can receive royalty for all the patents that are assigned to other individuals.
- Selling the Patent
Once the Patent is registered, it can be sold to any other individual for commercial rate.
- Worldwide recognition
Once a patent is registered, it would be granted worldwide registration. The Indian Patent Office has the option to go for worldwide patent registration through the process of WIPO.
- Raising capital
Registered patents are more likely to raise capital for a business in India.
- Ensures the invention's safety
Criteria for Patent Search in India
The following criteria are used to look for patents in India:-
Procedure for Patent Search in India
Please follow the below mentioned steps to search for patent in India:-
- Visit the Official Website
The system of InPASS has to be used for Patent Search in India (http://ipindiaservices.gov.in/publicsearch/). Now, choose Patent Search from the 4 options provided.
- Desired Application Selection
The applicant could perform a Patent Search for the 2 types of publications listed below:-
a) Granted Patents,
b) Published Applications
Afterwards, one may search for patents or applications that have been published using any of the search parameters listed below. The applicant can either consider published patents and patents pending approval.
a. Application date- One can choose a range of dates
f. Application Number
g. Patent Number [For Granted Patent]
h. Applicant Name
i. Inventor Name
j. Inventor Country
k. Inventor Address
l. Filing Office
m. International Patent Classification (IPC)
n. PCT Application number (for national phase application)
o. PCT Publication number
p. Field of Invention
q. Patent Assignee Country
- Key Word Search
The applicant has to find certain parameters to conduct a patent search in India. These parameters can be based on application, claims, title and abstracts. Following the conclusion of the procedure, the result will be displayed, along with the following details:-
a) Application Number;
b) Application Date;
c) Bibliographic Data;
e) Patent Status.
- Information Displayed
Once this process is conducted there will be two columns. The left column will contain the information with respect to the patent and the right column will contain information with status of the patent (if granted or pending approval).
- Applicant Name Search
Apart from the Keyword Search, the applicant can go directly for applicant name search. First the applicant can directly enter the details of the applicant with respect to the patent. After this the applicant can click on search. When this step is carried out, a window will open containing all the inventions granted with the name typed by the applicant.
- Inventor Name Search
As with the applicant name search, anyone may search the name of the inventor in the relevant row and the results will be displayed.
- Other Parameters
The process for patent search is quite straightforward and seamless. Hence the applicant can consider all the parameters when it comes to the patent application process.
- International Search
An applicant can also go for the international search system. If an applicant is familiar with the system related to Patent Search in the US or the WIPO, then the patent search process in India would be simple.
- E-Register of Patents
The information on the patent website will typically be the e-register of patents. One may verify the legal status of a granted patent using the Indian patent search database. Information provided on the different types of patents would be considered under the e-register system of patents. Insert the patent number together with the provided code in the 'Patent E-register' tab and click Show E-register. The result will show the legal state of the patent, the next renewal date, and the patent's bibliographic data.
- Application Status Tab
Under the Indian Patents Search System, the application status can be checked and verified. If the applicant wishes to check the application status for the patent, then information related to the patent would be displayed. Such information would include application status, pending date of approval, date of next renewal, priority period of the patent.
- The applicant can secure information for the search of the Patent. Usually this is quite helpful in providing information to the applicant regarding the status of the Patent.
Additionally, one may use other search phrases to get results based on their needs. You may also read the 'Help' page to learn more about using Boolean operators and Wild cards. If you are acquainted with USPTO or WIPO patent searches, you may do a patent search in India with ease.
Document Required for Patent Search in India
Usually there are no documents required for conducting the patent search process in India. This is just a search which can be conducted remotely.