Table of Contents
Conducting a patent search in India is a crucial and complex task, as it involves distinct forms, and therefore cannot be performed without prior experience and knowledge.
HOW TO CONDUCT A PATENT SEARCH IN INDIA
A patent search is undertaken to determine the invention’s novelty. Only after doing a successful patent search is it possible to construct a patent application with no gaps or ambiguities. A Patent search allows the applicant or inventor to determine the direction of his work and assists him/her in drafting the claims for the invention.
However, executing a patent search is not as simple as it may appear due to the lack of a uniform patent search approach. In contrast to Trademarks, where a trademark public search is conducted by selecting the class or category of the services or products offered, a patent search includes a bewildering and intricate array of varieties, and each of these types of searches is crucial.
The Indian Patent Advanced Search System (InPASS) is the Indian patent office database which is used to conduct an advanced patent search in India. This portal provides the applicant with patent application registration and status information. By selecting distinct fields and employing proper operators with keywords, the seeker can obtain quality prior art searches.
Following are the kinds of patent searches that can be conducted in the Indian Patent Advanced
Keyword Search: The primary search component for a productive prior art search are keywords. It incorporates all of the key phrases from the patent’s title, abstract, and specification. In some cases, you can narrow your search by choosing keywords directly from the abstract of the patent.
Applicant Name Search: Applicants and patentees can be located in the Indian patent search database by looking up their names in the appropriate columns. Simply typing in Applicant’s name and clicking “search” will do the job. All patents and publications issued to the person whose name was submitted will be displayed along with their titles.
Inventor Name Search: In a fashion similar to the applicant name search, an individual may also search the inventor name in the relevant row and the result display.
Patent E-Registrar: The Indian patent search database permits users to examine the legal status of a granted patent.
Application Status: The Indian patent search database, like the patent grant search database, allows you to check the status of a patent application. Simply enter the application number and the captcha, and the website will lead you to the entire patent application record.
The Indian Patent Database can be accessed by anyone, and yet the patent search stands at the highest pedestal of difficulty. As previously said conducting a patent search is not easy and necessitates expertise and experience in the field of patents. The article link given below provides detailed explanation on how to conduct various types of patent searches and why conducting patent searches is essential.
As the old adage goes, “an ounce of prevention is worth a pound of cure,” and in the context of a patent filing, the patent search is the preventative measure that will save you time and money in the long run from having to spend it on unnecessary prosecution.
BENEFITS OF PATENT SEARCH IN INDIA
The purpose of intellectual property rights is to safeguard the original and inventive works produced through the use of intellect and creativity. No intellectual property can ever be granted for work that has been plagiarized or copied. Before registering any intellectual property, whether it is a trademark, copyright, design, or patent, a preliminary search is always conducted, and the CGPDTM (Controller General of Patents, Designs and Trademarks) makes strict note of the originality of every intellectual property.
A patent search is similarly crucial for the innovator. It is widely known that in order for an invention to be granted a patent, it must satisfy the patenting requirements of being novel, non-obvious, and useful.
The first criterion, “Novelty,” of an invention can only be assessed after conducting a prior search. This is because the prior search would give light on the likelihood of the presence of patents that are similar to the invention in question. In this manner, conducting a patent search would be of assistance to the applicant in determining the path that needs to be taken with regard to his invention.
The patent previous search will assist the applicant in preparing a patent application that distinguishes itself from existing technologies. A patent search will also aid the applicant in enhancing the inventive step of his invention by comparing it to the most relevant prior art.
Further, completing a Patent search helps in the research and development process, and if the inventor identifies identical technology in the same field with all the same attributes, the research and development effort can be halted in its infancy rather than wasting a great deal of money and time. Lastly, a patent search would enable the applicant to modify his current application to avoid costly and time-consuming prosecution during the patent publishing step of the filing process.
There are various methods for conducting patent searches, each with its own set of advantages. The first is a ‘Keyword Search,’ which involves employing as many different words as possible to produce the most relevant results.
The preceding is ‘Patent Classification Search,’ which is carried out under the designated class of the invention; in this case, the applicant must identify one or more classes that are relevant to the innovation.
The following search is known as a “patent citation search,” and it is a search of the titles that formally protect inventions from copying and describe in great detail how these inventions look and function based on the references they provide. The final two methods are ‘assignee based search’ and ‘inventor based search,’ which are carried out by obtaining a list of assignees/applicant/inventors names from the necessary databases and papers accessible.
Still perplexed? Please refer to the following link Benefits of Patent Search in India for a detailed explanation of the topic at hand.