A patent is a legal document that gives the right or authority of a particular field of research,
an invention or any other processes to a person applying for it.
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.
A patent is a legal document that gives the right or authority of a particular field of research, an invention or any other processes to a person applying for it. Hence, the patent is the right granted to the ‘owner’ of the invention, and it can be anything ranging from product to services. A patent gives its owner the right to prevent others from making, using, importing or selling the invention without approval.
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.
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.
In India, a patent is provided by the Indian patent advanced search system or 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, give a detailed insight into 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. A patent search is a mandatory step before filing for patent registration.
There are two major advantages of a patent search, even if it can be time-consuming or you need to hire an expert in the field to do it. The first is the chance of getting an approval on your patent application increases manifold..The second is that it saves money. It is better to take precautions before filing for a patent which may or may not gets approved. A patent research will give a detailed account of applications filed on similar products and help you decide what or how to frame your application, since patents for inventions are filed with steps involved and all other essential information.
Although the database is simple and easy to operate, the process of patent search itself requires an expert in the field. The patent agents or an attorney with expertise in patent filing and law can increase accuracy and help speed up your search. 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.
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 what has already been shown to have commercial uses, it is entirely possible that a competitor has patented a product or process similar to yours, but not begun using it yet.
Note that even similar products or processes, if already patented, could cause your application to be rejected. If a patent has been granted to a product or process similar to yours, you would be able to frame your application to reflect how yours is different.
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. Try to make these details specific, as this would ease the search process.
A professional, our affiliate, 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 an innovation, you can begin filing the application.
We'll put you in touch with an experienced patent attorney who will do a thorough search of the patent directory to advise you on the likelihood of your patent being granted.
We make your interaction with government as smooth as is possible by doing all the paperwork for you. We will also give you absolute clarity on the process to set realistic expectations.
Our team of experienced business advisors are a phone call away, should you have any queries about the process. But we'll try to ensure that your doubts are cleared before they even arise.
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Inventions & ideas
Inventors & designers
Photographs, movies, music, software code
Artists & creative professionals
Yes, but rights are limited
Lifetime of the author, plus 60 years
Words, logos, slogans
Yes, but rights are limited
Indefinite, but to be renewed every 10 years
Inventions & ideas
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