Overview of Patent Search
Patent Search 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. Patent Search grants ownership of 20 years.
Advantages of Patent Search
Monopoly and competitive advantage.
Receiving of Royalty
Sell or licensed the patent right anytime.
Worldwide recognition of patent.
Raising capital and creation of business.
Patent Search Process
Patentability Search on the basis of
c) Industrially Applicable
D) Feasible to general public
Drafting of Patent Application /Specification containing
a) Provisional Specification
b) Complete Specification
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/).
Benefits of Patent Search
The following benefits can be enjoyed by the applicant by conducting a comprehensive patent search:
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.
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.
Registered patents are more likely to raise capital for a business in India.
Why to conduct patent search in India?
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.
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.
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.
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.
Procedure for Patent Search in India
- Parameters- Consider the parameters for the patent search. An applicant would have to use the web link for the InPass Application for Patent search. After this the applicant has to input information based on the parameters available to the applicant.
- The applicant can either consider published patents and patents pending approval.
- 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.
- 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 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.
- 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.
- Register of Patents- The information on the patent website will typically be the e-register of patents. Usually this form of register would provide information on all the patents granted in India. Information provided on the different types of patents would be considered under the e-register system of patents.
- 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.
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.
Publication and Examination of Specification
Publication and Examination of Specification
Objection Proceedings to Patent Grant including Anticipation of previous application
Grant of Patent
Grant of Patent