Overview of Patent Search
A patent is referred to a right granted to the applicant or an entity that excludes others from using, selling, making or importing the patent product or procedure without consent from the owner. A Patent Search comes under the purview for the Patent Registration process or it could be said as an initial step for Patent Registration. A patent is a part of the Intellectual Property Rights and is protected by it. This right is granted by the Government of India to the inventor.
A Patent shall be originating a new process of doing anything or offers a new technical solution for a problem and that shall be useful for the public in large portions. The invention could be of any machine or any substance processed by the producer or creator. For Patent Registration, it must be kept in mind that the process, research, product or service is original in its nature and not copied from any other source. For such requirements Patent Search is taken into consideration. Since no such similar patent shall be registered twice. To cover the different aspects of the Patent and provisions for its violation, the ministry of India introduced a different act for it i.e. the Patent Act, 1970. The act covers all the aspects related to Patent in India.
What do you mean by Patent?
A Patent is regarded as a legal document that provides the authority or control over the particular invention or writing or to any other creation for which the inventor is applying through. The initial point is noticed that the invention created shall be new from the point of origin or it shall offer a new technical solution.
Any new technique, invention, writings, etc shall be registered by the creator through Patent Registration. By registration the creator will have the total rights over his/her creation. This right is enjoyed by the creator for a certain period of time. The right is granted by the Patent authority established in India through the government.
What is a Patent Search?
Patent search is a search for the patents to determine no identical or similar invention is to be patented in the database. It is the initial step taken into consideration for Patent Registration. Patent search is done to increase the chance to get a patent registered as one will get to know about the already existing patents registered in the public domain. That quick fixes the patent registration. A Patent Search provides a hint as to what facts of the patent are already accessible in the data regarding the new patent to be registered. Also one will get in touch with the new inventions that have patent protection.
A Patent Search is mandatory for the creator itself. Through which the Patent Registration gets easy on its way for the initial process. The search would also determine the invention’s uniqueness from that of others.
Patent Search is based on Territorial basis. It is according to the registration. The search shall be made for a required territory based on the place where the patent has to be registered. Suppose the registration is required to be done in the U.S. then the database of US must be searched for Patent. Almost every national Patent Office has its own website for the Patent Search. India also has its own website for Patent Search i.e. IP India Patent Search. It is a government organised website. There is no cost prescribed for Patent Search.
Important Information for Patent Search
A Patent Search is possible when an individual has the following information of patent-
- Application Date of registration of the patent
- Title of invention
- Complete specification of invention
- Application Number of patent
- Patent number provided while registration
- Applicant Number for invention
- Abstract or zest of invention
- Applicant’s name
- Name of the Inventor
- Country name of the Inventor
- Complete address of the Inventor
- Details of office where registration application is filed
- Application number of the Patent Cooperation Treaty (PCT)
- Publication number of PCT.
Types of Patent Search
There are different types of Patent Search and as described as below:
- Freedom to Operate Search (FTO)
- Patentability/ Novelty Search
- State- of- the- Art Search
- Patent/ Technology Landscape Analysis
- Validity/ Invalidity Search
A FTO determines the products or inventions similar to existing registered patents. Such search is made before the invention is launched in the commercial market. A FTO is performed on the patents which are already registered and are active. Thus the patents which are expired are not included in this research. The FTO also analyzes the patent application and the patents issued. This will help in ensuring that the applicant’s product, process, material does not infringe as of any other patents already existing.
The patentability/ Novelty search is the most common search tool for patents. This search is accomplished either before or during the invention’s development or before filing for the patent application. This search is usually performed by professionals. The search is useful for the creator as that will determine the scope for subject matter of patents. The search can be conducted through various techniques such as for:
keyword search, Assignee search, Application ID Search, etc. These minor searches for patents will help for filing the patent application.
A state of the art search is said to be a wider search engine as compared to other patent searches. This search engine is helpful to determine the similar technologies present in the market. The search also determines the opponents in the same field. It also considers the technological development in the areas of interest of the individual. Thus with the above overall search, it could be resulted in such inventions which could be survived in the market.
It is an extended search engine for the State of the art search. It provides thorough searches in the market for similar technology, the opponents with similar technology, the players and changes made in such a field. It provides a deeper understanding of the patent data.
Validity/Invalidity Search is performed when the patent is granted to the applicant. This search is normally used when the Patents are likely to be infringing the other patent in the market. During litigation of patent infringement the search is mostly undertaken to determine its validity subject to other patents. Validity and invalidity search of patents is determined by its claims. The technique for both is same, but the outcome of the search is based on the objective of the search.
Importance of Patent Search
Patent Search has various importance facets such as-
- Determine Validity of Patent
- Gaining knowledge of Related Inventions
- To be Aware of Patents Rights
- Determining the Claims to be Filed in the Patent Application
- Increases the Scope for a Patent
While working on Patent Search, the individual can determine its validity in proposing the application. Patent Search will help out for reference to declare its validity of the Patent registered previously. Thus an individual who files a fresh application for patent registration for its creation will help him/her out with its validity of patent accordingly.
Through Patent Search the individual will gain knowledge for the related inventions existing in the patent registration. That will help to know more about the invention type, status, validity, nature. Such knowledge will help the applicant to upgrade his application for the patent.
By doing research on patents, it determines the rights of the Patent applicant. The rights of the invention could be selected by the applicant itself. Researching makes awareness of what all rights could be taken into consideration for the patents and then it shall be granted as right. The rights of patent shall be of such nature that no one else's right is curtailed accordingly.
By making thorough research for patents, the research provides the claims for patents that can be filed in the patent application itself. The claims shall not overlap the other patent and shall hold novelty in its invention. So the chances of its registration increase.
By researching, the applicant gets more aware about the patents. That provides a plus point for the applicant, as the applicant can draft his/her patent application accordingly. This will increase the chance for patent registration easily.
How to do a Patent Search?
To register a Patent, the creator needs to be aware of the other similar patents in the market. A patent shall be researched in the territory where it has to be registered. For Example: if an inventor wants to register its patent in India then the research shall be done for the Indian Territory.
Firstly for the Patent Search, the need is for understanding the concept of it and fixing the goal and information which is to be searched. Then, the invention shall be disclosed accordingly to the attorney or such person who is researching. The information of invention shall be disclosed as required aspects of it only.
Later, the key features shall be listed down of the invention. It makes the search simple. It should be in normal language. Finding out the characteristics of inventions helps to ensure that all elements are covered without any duplication made to the patent.
Procedure for Patent Search
A Patent Search requires no cost in India. It can be done by the inventor itself either before or after the invention or while applying for the Patents. It’s upon the discretion of the applicant when he/she does research. But it would be better if the search is completed before filing for Patent Registration.
A Patent Search can be done through the website of Patent database of India. In the link four menu tabs will be displayed as named Patent Search, Patent E- register, Application Status and Help.
1. Patent Search
In the tab of Patent Search, two options are displayed for search either for published applications or granted patents. The user can select between the types or both options could be selected by clicking on it. After selection the search can be started. The application will show the following search categories-
- Application date
- Application Number
- Patent Number (for granted patent)
- Application Name
- Inventor Name
- Inventor Country
- Inventor Address
- Filing Office
- International Patent Classification
- PCT application Number
- PCT Publication Number
- Field of Invention
- Patent Assignee Country
Every search category mentioned above will display a drop down box from which the user has access to change the category. A search box is displayed inside for every search category in which the user needs to input the keyword for which the search is required. Users can enter the keyword for different categories at once in their respective search boxes. Then at the bottom of the page a captcha code is required to be filled out by the user.
After entering the captcha code, various relevant patent results will be displayed according to information inserted by the user. The application selected shall be opened by entering the information for its application number, title, application date, and status of patent. Thus selecting further from the above would result in following information for patents-
- Invention Title
- Publication Number
- Publication Date
- Publication Type
- Application Number
- Application filing date
- Priority Number
- Priority Country
- Priority Date
- Field of invention
- Inventor Name
- Inventor Address
- Inventory Country and Nationality
- Applicant Name
- Applicant Address
- Applicant Country and Nationality
When the entire column is filled up and selected, details will be displayed.
3. Patent E- Register
In the Patent E-register tab, it shows two columns Abstract and Complete specification. In summary, the summary of the patent application is displayed and in complete specification the details are mentioned of any specification which the user requires. In the patent e-register the status of granted patent is checked. In the tab of patent e- register the patent number shall be inserted along with the code displayed in the last. And click on patent e- register. The result will be displayed of patent status, date of renewal and data of patent.
4. Application Status
The status of patent application status could also be checked through the tab ‘Application Status’. The application number shall be entered along with the code displayed in the end and then click on ‘Show Application Status’. The result will display the details of application such as application number, applicant number, filing date, title of invention, and further application status. Also the documents relevant with the application can be seen off with the tab at the bottom of the page ‘View document’.
The help desk is also provided on the website. Any confusion arising while undertaking the search, the same could be inserted in the help desk mentioned in the above four tabs. The queries related to Patent Search can be solved with it.
BizAdvisors Assistance for Patent Search
Bizadvisors offers the best services for Patent Search in India. The services we provide could be summarised as follows-
- We provide to clients our best experts patent attorneys.
- Our experts will examine your invention and search accordingly.
- The status of patent search could be tracked by the client easily.
- We have advanced technology through which we can provide you with results in less time.
- Best Professionals guidance for other queries related to Patent Search.
It is essential to register a patent as soon as possible. The idiom suits here well, early to come early to gain. Thus the one who registers the patent soon will gain benefit comparatively to other people who have made an invention. For such, Patent Search is regarded as the basic procedure.
To start a Patent Search with Bizadvisors, one needs to get in touch with our professionals and soon they will reach out to you. The queries could be discussed with experts. Then all you need to do is submit the required documents related to patent invention. All the details of the patent which is regarded as crucial information shall be shared and discussed with us. And then the guidance procedure will begin accordingly.
The Bizadvisors have great facility for the client’s business upbringing and following are some reasons one should choose Bizadvisors-
- We minimize legal requirements.
- Our clients can also keep track of the progress on our platform at any moment.
- Our knowledgeable professionals are here to answer any queries you have.
- We will make sure that your interactions with professionals are pleasant and smooth.
- We always try our best to make our clients happy with the legal services we provide.
- We provide free legal advice.
- Our prices are transparent and reasonable.
- We deliver your work on time.
- We have a team of experts.
- We give money back guarantees as well.
- 200+ CA and CS assisted us in our work.
- We give an option of easy and convenient EMIs.
Patent Search is regarded as a mandatory search tool for the patents to be registered in India. The government has made it free of cost for the user. The Patent Search is beneficial to the inventor as that gives him/her various rights and identity. Thus a patent is required to be registered to avail such benefits and to attain its legality in the market.
The Patent Search could be concluded as a strategic decision for a user. It involves various critical processes and the website for Patent Search is also difficult to understand sometimes. Thus it is advisable to appoint an expert or professionals who have great knowledge of the patent.
Bizadvisors will provide complete assistance from patent search to patent filing and the requisites of it with minimum requirements of costing. We have patent expertise that has various tools by which we deliver the results quicker. So do contact BizAdvisors for any query related to Patent Search.
Frequently Asked Questions
No, Patent which is registered once shall last for 20 years generally from the date of the application. It is different in every country as patents are regarded on the basis of territory.
Patent search takes approx 15 to 20 days to complete. The days will be calculated from the day when all the related documents and an explanation of the invention is submitted to the attorney or the one who is making the search.
Patent Search can be done through various search tool which are mentioned as follows:
- Patentability Search
- Freedom to operate Search
- State of the Art Search
- Invalidity Search
- Evidence of use Search
A patent's time period is for 20 years from the date of application filled. Thus after the lapse of such a time period the inventor loses his right or authority over the patent. And loses its protection granted. After that the patent gets part of the public domain and everyone can use it without any restrictions.
Following mentioned are the types of Patent:
- Utility Patent,
- Provisional Patent,
- Design Patent,
- Plant Patent.