Conducting a patent search is a critical first step for inventors and businesses to ensure their ideas are unique and legally protected. This guide breaks down the patent search process, including how to use databases, identify relevant keywords, analyse existing patents.
Conducting a patent search is a vital step in protecting your invention and ensuring its novelty before filing a patent application. By identifying prior art, inventors can assess whether their idea is original and stands a chance of being granted a patent. This process typically involves searching through global databases such as Google Patents, Espacenet, USPTO, and WIPO.
There are several types of patent searches tailored to specific needs—novelty or patentability searches to check originality, freedom to operate searches to avoid infringement, validity searches to challenge existing patents, and landscape searches for understanding technology trends. A proper search often involves keyword analysis, patent classification using IPC or CPC codes, and examining published documents for similarities.
While individuals can perform basic searches, a professional patent search is highly recommended, especially before filing. Vakilsearch, a trusted name in IP registration, we offer reliable, in-depth patent search services, helping innovators protect their intellectual property with confidence.
Understanding the Basics of Patent Searches
A patent search is the act of reviewing current patents and published applications to see if an invention is new and patentable. It assists inventors, companies, and attorneys in evaluating prior art—current technologies or designs that could impact the patentability of a new concept. The search generally involves databases such as Google Patents, USPTO (United States Patent and Trademark Office), WIPO (World Intellectual Property Organisation), and national patent offices. Successful patent searches include the utilisation of keywords, classification codes, and citation analysis. A complete search can avoid infringement risks, eliminate unnecessary filling costs, and gain insights into competitors’ inventions.
Importance of a Patent Search in India
A patent search is a crucial part of the innovation process. It ensures your invention is genuinely novel and patentable, and that it meets legal tests. By looking at prior art—published patents and public disclosures—you learn valuable things that are vital to informing a successful patent application and sidestepping expensive errors.
Most Significant Advantages of a Patent Search:
- Evaluating novelty & patentability: Verifies whether your invention is new and not obvious—central requirements for patent approval
- Avoid duplicate patents: Saves time, effort, and resources from filing for already patented ideas
- Strengthen your application: Assists in clearly defining your invention’s scope and developing a stronger submission
- Improve patent claims: Facilitates more accurate and legally valid claims that emphasize your invention’s novelty
- Understand the market & competitors: Provides insights into competitor activity, emerging trends, and potential collaboration or licensing opportunities
- Access technical insights: Patents disclose technical solutions and concepts, refining and enhancing your invention
- Support licensing & enforcement: Guides negotiations and defenses in the event of licensing or infringement disputes
- Meet patent office requirements: Prior art search reports are often required by many jurisdictions as part of the patent filing.
Types of Patent Searches in India
Patent searches are of different types, each with a unique purpose to play while navigating the innovation process. From novelty checking to freedom to operate, gaining knowledge about them preserves and fortifies your IP strategy. Here is a compendium of different types of patent searches:
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Patentability/Novelty Search
A novelty or patentability search establishes whether an invention is new and non-obvious prior to the filing of a patent application. The search includes examination of the prior art, such as filed patents and published literature, to determine the chances of receiving a patent.
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Freedom to Operate (FTO) Search
An FTO search assists companies in identifying whether their technology or product can be commercialised without violating existing patents. This search targets active patents in particular jurisdictions to ensure legal clearance prior to introducing a product into the market.
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State of the Art Search
This search gives a holistic insight into available technologies in a particular field. It aids in recognising industry trends, technology development, and competitor positioning, and hence is useful for research and development (R&D) and strategic planning.
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Validity/Invalidity Search
A validity or invalidity search determines the strength of a granted patent by locating previous work that would render it illegitimate. The search is usually done during litigation of a patent or prior to obtaining a patent to assess its enforceability.
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Evidence of Use Search
This search picks up occurrences in which patented technology is applied without authorisation. It is especially handy for patent enforcement and licensing negotiations since it facilitates patent owners in collecting evidence of infringement.
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Technology Landscape Analysis
A technology landscape study charts the innovations of a specific industry, its critical patents, leading players, and upcoming trends. Companies employ this search to make sense of future trends and strategic possibilities in their business.
Why You Can Trust Vakilsearch for Patent Search
Vakilsearch provides professional patent search services supported by a team of experts with comprehensive knowledge of patent laws and procedures. With trustworthy tools and a customer-centric focus, they provide precise, cost-saving results for inventors and companies.
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Handling the Complexity of Patent Searches
Discovering whether your invention is indeed novel can be tricky. Patent databases are enormous, technical terminology is arcane, and getting one crucial prior art reference wrong results in rejection, litigation, or lost investment. An accurate, comprehensive patent search protects your intellectual property.
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Expert-Led, Technology-Driven Patent Search Services
Vakilsearch makes patent searches easy by integrating expert legal understanding with powerful search software. Our seasoned IP experts perform thorough searches on national and international databases, ensuring thoroughness. We process patent classifications, citations, and legal interpretations to offer clean-cut information regarding the novelty and patentability of your invention.
Trusted by Thousands, Delivering Results
With a successful history of helping startups, entrepreneurs, and businesses get patents, Vakilsearch is a reliable ally in intellectual property protection. Our expert governed process has saved thousands from unnecessary legal hassles and increased their prospects for patent approval.
Tools and Resources for Patent Searching
A proper patent search is vital in ascertaining the novelty of an invention and preventing potential legal disputes. A range of patent search tools and databases, both free and paid, assist inventors, companies, and legal experts in searching existing patents and published applications across the globe. Free resources, including USPTO, WIPO, Espacenet, Google Patents, and the Vakilsearch Patent Search Tool, are useful means to carry out initial searches. In the meantime, paid patent search tools provide advanced analytics, legal status monitoring, and AI-powered insights for deeper research. The tool of choice hinges on the complexity of the search and the amount of detail needed.
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Free Patent Search Tools
A number of free patent search software tools offer access to online databases of patents, enabling inventors and companies to make initial searches. They assist in the determination of prior art and determining novelty of an invention prior to the filing of a patent application. Here is a list of the same:
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- Vakilsearch Patent Search Tool – Created to ease searching for Indian and foreign patents, providing professionally curated results and analysis to support innovators making informed choices. You also have options to consult an IP expert to resolve all your patent related queries.
- USPTO (United States Patent and Trademark Office) – Provides a powerful search mechanism with multiple filters, such as classification codes and legal status tracking. It demands knowledge of search syntax.
- WIPO (World Intellectual Property Organization – PATENTSCOPE) – Gives access to international patents, so it is helpful for searches worldwide. It has good advanced search functions, but the interface can be confusing for new users.
- Espacenet (European Patent Office) – Has coverage of patents around the world and includes machine translations. Legal status tracking might not be as detailed as with some of the pay tools.
- Google Patents – An easy-to-use search engine that covers world patents using AI-driven relevance ranking. While easy to use, it sometimes might not deliver the most current legal status changes.
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Paid Patent Search Tools
For more in-depth, sophisticated searching, paid patent search software provides subscription-based patent databases with superior analytics, legal monitoring, and AI-driven searching capabilities.
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- Derwent Innovation (Clarivate Analytics) – Offers detailed patent analytics, legal status monitoring, and robust filtering capabilities
- PatBase – Provides full-text searching of worldwide patent databases with family grouping and citation analysis
- LexisNexis TotalPatent One – Boasts AI-based search features, legal analysis, and a patent professional’s overall database
- Orbit Intelligence – Recognised for its comprehensive patent landscape analysis to enable companies to strategise their IP portfolios.
Details Used to Conduct Patent Search in India
A patent search in India needs specific information to narrow down search results and be precise. Knowing these patent searches helps identify pertinent patents, determining novelty, and preventing legal disputes. Below are important information used in patent searches, together with their relevance.
- Application Date – Application date is the date on which the patent document was submitted to the Indian Patent Office. It plays a significant role in determining the priority date, which helps determine the novelty of the patent. For instance, if there are two identical patents, the one with the earlier application date will be preferred over the latter.
- Title – The title of a patent gives a short description of the invention. Searching by title enables relevant patents to be quickly identified, but not always as several patents might share similar or unclear titles.
- Abstract – The abstract gives a concise overview of the invention’s principal features and its purpose. It is a useful search criterion because it gives more information than the title and enables patents with comparable concepts to be filtered out.
- Specification – The full specification has the whole explanation of the invention, including its technical specifications, operation principles, and claims. Searching within the specification enables in-depth knowledge of prior art and technical overlap with current patents.
- Application Number – Every patent application receives a unique application number, which one can use to follow its status in the Indian Patent Office database. One can search by an application number such as 202111057896 to see its legal status.
- Patent Number – After grant, the patent receives a unique patent number, which makes it distinct from any other patent. Search by patent number gives one straight access to granted patents and their legal status.
- Applicant Name and Address – The applicant name and address is the name (company or individual) that submitted the patent. Searching by applicant name, e.g., “Tata Motors Limited”, assists in locating all patents submitted by a particular company or individual.
- Applicant Country – The applicant country is the applicant’s nationality. This assists in filtering patents according to country-specific filings, e.g., filed only in India or worldwide.
- Inventor Name, Address, and Country – The inventor name, address, and country are the individuals(s) responsible for the development of the invention. Searching with inventor name, e.g., “Dr. APJ Abdul Kalam,” assists in finding patents of an individual innovator.
- Filing Office – The filing office is the territorial patent office at which the application has been filed. Patents can be filed in Mumbai, Delhi, Chennai, or Kolkata offices in India, depending on the location of the applicant.
- International Patent Classification (IPC) – The IPC system classifies patents into technical fields, making it simpler to find relevant inventions. For instance, IPC Code A61K is for medical and pharmaceutical patents.
- PCT Application Number and Publication Number – When a patent is submitted under the Patent Cooperation Treaty (PCT), it is assigned a PCT application number and publication number. These numbers are used to monitor international patent applications and their publication in the WIPO PATENTSCOPE database.
Steps to Conduct a Thorough Patent Search
Performing a complete patent search covers systematic processes to determine applicable prior art, evaluate patentability, and prevent infringement. The following are major steps to provide a complete and effective search for your invention’s distinct value.
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Step 1: Search Patent in Vakilsearch Patent Database
Vakilsearch patent search facility enables users to search applicable patents using various search fields, including title, application number, inventor name, or applicant name. Title search assists in finding similar inventions, whereas application number entry gives direct access to a particular patent. Searching by inventor or applicant name (such as Ratan Tata or Infosys Limited) assists in tracing patents submitted by individuals or organisations. Vakilsearch’s user-friendly interface provides filtered search results, allowing businesses, researchers, and innovators to easily find existing patents and prevent duplication.
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Step 2: Check the Patent Information Thoroughly
When search results are accessed, a consideration of patent information is necessary in order to judge its validity and legality. Points to look through include the abstract, offering an overview of the invention, and the full specification, defining technical aspects and claims. Official records can be tracked using invention title, publication number, application number, and date of filing. Verification of the priority number, nation, and date is critical for recognising international filings. The invention field and classification codes (e.g., IPC) classify patents for easy recognition. Furthermore, confirming inventor and applicant information, including name, address, country, and nationality, facilitates correct ownership listings and assisting in the evaluation of prospective patent disputes.
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Step 3: Check the Patent Status
Identifying the patent status helps to know if a patent is enforceable at the moment. A patent might be active, which means it is legally enforced, expired, enabling public use once its duration finishes, or abandoned, showing that the applicant failed to proceed with the filing. Certain patents can be revoked upon legal challenge. Confirming the legality of a patent keeps one free from infringement risks and enables firms to make proper choices on innovation and commercialisation plans.
How to Check the Indian Patent Application Status?
Monitoring the status of an Indian patent application is important for inventors and companies to keep track of their filings’ progress. Vakilsearch patent tool offers an effortless means of checking real-time progress on a patent’s examination, approval, or objection status. Below are the steps involved in checking the status of a patent application.
Steps to Check Patent Application Status
- Access Vakilsearch Patent Database: Start by accessing the Vakilsearch patent tool where one can simply open the Application Status tab. This tab offers a simplified user interface to verify pending or approved patents.
- Enter Application Number: For accurate results, enter the distinctive application number provided by the Indian Patent Office. This number allows direct tracking of a particular patent application.
- Provide Additional Details: For a more specific search, additional filters such as invention title, applicant name, or inventor information can be included. This is to ensure that users obtain the most specific information, particularly where there could be a number of patents that share similar features.
- View Real-Time Status: When the search is conducted, the real-time system of patent monitoring displays vital information, such as if the patent is being examined, granted, objected to, or held for further action. This understanding assists in strategizing the next moves in the patent process.
- Download Reports: To support documentation and reference, search results are downloadable or can be exported by the users. This serves in recording progress with respect to the patent as well as informing business strategic decisions or those made by legal professionals.
Analysing Patent Search Results
Once a patent search has been done, it is important to scrutinize the outcome in determining the originality and patentability of an invention. This includes establishing prior art, evaluating novelty, and determining legal compliance.
Finding Relevant Prior Art
Prior art is any published patent, published application, or publicly available information that is similar to the invention at hand. In order to determine prior art, users compare the retrieved patents’ technical specifications, claims, and classification codes with their own invention. Upon finding a patent with common technology or function, it may show that the invention is not novel. Record major findings like publication numbers, filing dates, and claim similarities in order to know possible patent conflicts and formulate plans for invention modifications or differentiation.
Evaluating Patentability
To ascertain if an invention is patentable, a novelty check is to be carried out based on search findings. The invention must satisfy fundamental criteria of patentability, which are novelty (not yet disclosed), inventive step (not obvious to a person skilled in the art), and industrial applicability (practicable in an industry).
Through examination of accessed patents, applicants have the opportunity to assess whether their invention is unique enough or requires alteration to make it stronger in terms of patentability evaluation. Maintaining legal compliance and evading existing claims enhances the possibility of effective patent registration.
Common Mistakes to Avoid During a Patent Search
A comprehensive patent search is necessary to establish the novelty of an invention and prevent legal disputes. Yet, various typical mistakes have the potential to produce incorrect results or overlook existing prior art, affecting the patent application process. Some major patent search mistakes and how to prevent them are mentioned below.
Carrying Out an Incomplete Search
Most applicants use simple keyword searching and ignore synonymous terms, technical terminologies, or alternative terms for their invention. They may miss relevant prior art. Solution: Employ a combination of keywords, Boolean search operators, and patent classification codes to narrow search results.
Overlooking Patent Classification Codes
Patent databases classify patents based on International Patent Classification (IPC) and Cooperative Patent Classification (CPC) codes. Omitting these will lead to an incomplete search. Solution: Find the proper classification codes pertaining to your invention and use them along with keyword searches for improved accuracy.
Neglecting Foreign Patents
Since patents can be filed internationally, limiting a search to only Indian patents can lead to missed prior art from other jurisdictions. Solution: Use global patent databases like WIPO (PATENTSCOPE), USPTO, Espacenet, and Google Patents to expand the search beyond national boundaries.
Failure to Analyse the Complete Specification
Using only the title and abstract without reading the complete specification and claims may result in false conclusions. Solution: Read thoroughly the detailed descriptions and claims present in known patents to avoid any unseen similarities.
Not Verifying Patent Legal Status
A search can bring back patents that are revoked, abandoned, or expired, causing unnecessary infringement concerns. Solution: Always verify the legal status of a patent to see if it is still in effect before making decisions based on search results.
When to Hire a Professional Patent Searcher?
Whereas simple patent searches may be done with both free and fee-based tools, there are occasions when the service of a professional patent searcher would be prudent. Professional help provides a comprehensive and legally compliant search, reducing risk from incomplete or erroneous results. Here are few scenarios where you need a patent expert:
- Complex Inventions with Technical Overlaps
If the invention is in a very technical field (e.g., biotech, artificial intelligence, or pharma), it will likely have interfering patents that are hard to detect. Expert patent services are trained in dissecting intricate prior art so as to have a better determination of novelty.
- High-Stakes Patent Filings
For companies that spend a lot of money on R&D, a patent rejection on grounds of prior art existing can result in huge financial losses. Employing a professional assists in performing a thorough search, preventing expensive errors prior to filing an application.
- Need for Global Patent Searches
If the invention is to be patented internationally, a search from only Indian databases might not be enough. Experts employ international patent search tools and access databases such as USPTO, WIPO, and Espacenet to find patents in more than one jurisdiction.
- Legal and Strategic Analysis
In addition to searching for similar patents, experts provide guidance on patentability, infringement potential, and legal compliance. They assist in determining whether an invention qualifies as a strong patent application or requires adjustments to increase its likelihood of approval.
- Cost-Benefit Analysis
Although employing a professional comes with expenses, it can avoid costly re-filings, legal battles, and R&D investments in non-patentable inventions. In contrast to possible losses from patent conflicts or application rejection, professional help provides long-term savings and improved success rates.
FAQs
What is the purpose of a Patent search?
A patent search identifies prior art to ensure an invention's novelty before filing. It prevents legal conflicts, patent rejections, and wasted R&D investments, making it a crucial step in innovation.
How long does a patent search take?
A patent search can take hours for basic searches but may extend to days for detailed analyses, depending on the technical field, search scope, and international database coverage.
Can I perform a patent search myself?
Yes, inventors can use free databases like Google Patents and USPTO, but professional assistance ensures accuracy, avoiding overlooked prior art that could lead to legal disputes or rejection.
What are patent classification codes?
Patent classification codes (IPC, CPC) categorise patents by technical field, improving search accuracy. Using these codes helps filter relevant prior art, ensuring a more precise patentability assessment.
Are there risks in skipping a patent search?
Yes, skipping a patent search increases the risk of legal disputes, infringement, and wasted investments. Identifying prior art early helps prevent rejections, litigation, and unnecessary R&D costs.
How much does a professional patent search cost?
A professional patent search typically costs between ₹5,000 to ₹1,00,000, depending on industry complexity, jurisdiction, and scope, ensuring a thorough, legally compliant search.
Is a patent search required by law?
No, but a patent search is highly recommended to ensure novelty, legal compliance, and patent approval success, reducing risks of rejection, duplication, and infringement disputes.
