Online Patent Search
A patent is a license or permit authorized by the government conferring a legal right for a period of time. The main right is the sole ownership of the product and excluding others from making, using, selling or importing the patented product without the consent of the owner.
A patent is granted to an invention if it meets the following criteria:
- Novelty: The invention has to be new and cannot be a part of the prior state of work, implying that it must not have been published, presented, or revealed publicly.
- Inventiveness: This is a feature of the invention that involves the advancement of the existing knowledge or state or work that is strikingly evident to any person.
- Utility: An invention must be applied to or applicable in the industrial process.
Therefore, an invention that can be manufactured, used, and reproduced is granted patentability.
The first and most important step to any patent registration is the patent search in the patent database active and inactive.
Advantages of Patent Search
- Patent search provides clarity on the imitation or infringement of the invention, product or service that is under patentability process.
- It determines the novelty of the product to be patented.
- A patent search procedure estimates the scope of patent protection you will be granted by the Patent Office.
- Patent search provides strength to the invention against issues of proof or validity from other applicants or patentees.
- Patent search is not only applicable to the active patents but also searches for resembles or copies in the expired or inactive patents database.
- It helps avoid unnecessary expenses in the field of innovation prior to investing.
Patent Search Process
There are few strategies or steps by which a patent search is carried out.
This patentability search or novelty search is carried out to find out if the invention or product in question meets the novelty factor. In this case, it is necessary that all features of claims must be described in a single document. This step of search is useful in providing clarity on whether the invention is new or simply an inventive step to an old process. It’ll help distinguish the merits of the invention from its counterparts and most importantly, if the invention is ready to be filed for patent.
- Prior Art or State of Art search
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This search is mainly conducted to identify the technology of invention and its purpose. The search is conducted on the databases relevant to or running parallel to the technology under scrutiny. Prior art search helps in identifying the resemblance in the current technology used and the technology used in prior art. It will also help the applicant in identifying the research and development areas, prospective problems that may arise, and possible solutions to these problems.
- Freedom to Operate (FTO) search
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This search is also known as Right to Use search. Any company ready to initiate or launch its invention carries out the FTO. It does FTO search to validate if the company is not violating any intellectual property rights of others for its own benefit of commerce.
FTO is a comprehensive search method where even the inactive patents as well as the active patents are considered along with the pending and unexpired patents.
- Validity/Invalidity search
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The validity or invalidity searches are two identical searches except that the results vary. These searches are carried out after the grant of the patent in order to determine the novelty of the patented invention at the time of patent application filing.
As the name suggests, patent landscaping helps to get an overview of the invention with regards to its technology, its field of work, competitors, latest trends and research and development in the industry.
It helps to identify the necessity, strength and weakness, strategies, etc., of the technology used, the positioning of the applicant along its competitors in its domain, and different portfolios of existing patents.
What is a Patent Search?
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.
6 Essential Facts on Patent Search
What is a patent?
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.
What is a patent search?
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.
Why is a patent search essential?
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.
What is inPASS?
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.
What are advantages of a patent search?
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.
If there is a public search function, why hire an expert?
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
