A patent gives its owner or creator the exclusive right to make, use, alter, sell, offer for sale, or import newly conceived goods or processes following the completion of a search for patentability that meets the predetermined requirements. 20 years of ownership are granted by a patent.
A patent gives its owner the power to legally stop anyone from creating, utilizing, importing, or commercializing their innovation without their permission. Before granting such a right, a thorough examination is conducted to see whether the procedure or product is distinct, innovative, and commercially viable. It comprises searching the database of the Indian intellectual property authorities for a product or innovation that is identical to or equal to the applicant’s creation.
To ascertain if an invention is new and whether those with ordinary skill in the area could have predicted it, a search of all existing or publicly available material is conducted. A patent search typically starts with an analysis of already-issued patents before moving on to other sorts of documents, like journal articles and scientific papers describing unpatented discoveries. Professional patent searchers at the U.S. Patent and Trademark Office conduct the most exhaustive patent searches.
The process by which the applicant conducts a thorough search in accordance with the aspects relevant to the invention is known as a patent search. Only one innovation may be the subject of a given patent.
The Indian Patent Advance Search System was first made available in 2015. The Indian Patent Information Retrieval System (IPAIRS) was used before to this system. According to the regulations governing patenting, in Pass is the updated and improved version for carrying out any kind of patent search in India. Through this method, advanced patent searches can be carried out.
BENEFITS OF PATENT SEARCH
- Monopoly Benefit: By registering the patent, the applicant who conducted the patent search would unquestionably gain some sort of competitive advantage. There would be no way for a rival to oppose the patent application. The competitive advantage obtained by the patent applicant is moreover a benefit.
- Obtaining Royalty: Being the initial owner is one of the primary justifications for registering the patent. In addition, the owner is entitled to royalties on all patents that have been given to other parties.
- Purchasing the Patent: A patent can be sold to anyone for a commercial price once it has been registered.
- Worldwide acceptance: A patent would receive global registration following registration. The Indian Patent Office has the choice to use WIPO’s process for international patent registration.
- Raising money: A business in India is more likely to raise finance if it has registered patents.
PROCEDURE FOR PATENT SEARCH IN INDIA
- Visit the official website: Patent searches in India must be conducted through the In-PASS system (http://ipindiaservices.gov.in/publicsearch/). Select Patent Search from the list of 4 possibilities at this point.
- Selection of the desired application: The following two sorts of publications could be the subject of a patent search by the applicant:
- a) Patents issued
- b) Published Submissions
- Parameters: Then, using any of the search criteria provided below, one can look for published patents or applications. The applicant may consider both issued and pending patents.
- Date of application
- The abstract
- Application Number
- Number of Patents [For Granted Patent]
- Candidate’s Name
- Inventor’s name
- Country of Inventor
- Address of Inventor
- Filing Office
- Classification of International Patents (IPC)
- Number of PCT Applications (for national phase application
- Number of PCT Publications
- Invention Field
- Country of Patent Assignee
- Keyword search: To do a patent search in India, the applicant must find specific criteria. These criteria may be determined by the application, claims, or title
- Application No.
- Date of Application
- Bibliographic information
- Patent Status
- Information Shown: There will be two columns following the completion of this process. The information about the patent will be in the left column, and the status of the patent will be in the right column.
- Search by Applicant Name: The applicant can use the applicant’s name search instead of the keyword search. The applicant might first enter their information directly in relation to the patent. The applicant may then select Search. After completing this step, a window listing all the patents issued under the applicant’s name will open.
- Search by Inventor Name: Anyone may look for the name of the inventor in the relevant row, just like with the application name search.
- Various Parameters: Patent searches follow a simple and flawless procedure. As a result, when it comes to the patent application process, the applicant can take all factors into account.
- World-wide Search: A candidate may also use the system for doing overseas searches. The patent search procedure in India would be simple if an applicant is familiar with the system linked to Patent Search in the US or the WIPO.
- Electronic Patent Register: The e-register of patents normally contains the information on the patent website. Using the Indian patent search database, one can determine the legal standing of a patent that has been awarded. The e-register system of patents would consider the information provided on the various categories of patents. In the “Patent E-register” tab, enter the patent number and the given code, then click “Show E-register.” The outcome will display the patent’s legal status, its renewal date, and its bibliographic information.
- Tab for Application Status: It is possible to check and confirm the application status through the Indian Patents Search System. Information about the patent would be displayed if the applicant wanted to verify the status of the patent application. Such Information would include the status of the application, the date of the next renewal, and the patent’s priority term.
The applicant can obtain data for a patent search. Typically, this is quite useful in informing the applicant of the status of the Patent.
PATENT SEARCH REQUIREMENT
- Evaluation of a Patent: To determine if the applicant’s innovation is patentable is one of the primary goals of a patent search in India. The applicant would also be aware of the patentability of his innovation.
- Aids in the drafting: A prior art’s definition would be clearer to the applicant if the patent search had been done in India. Such research and documentation would aid the applicant’s drafting process.
- Complete comprehension: This search would also give a full and conclusive grasp of what prior art means. If the application is patentable, the applicant would also receive reliable information.
- Business Leads: Since the results of the patent search are intended for public consumption, the applicant will undoubtedly receive some sort of commercial leads.
- Business Value: The primary goal of prior art creation is to obtain some sort of monetary benefit from the patent search.