Legal AdvicePatents

How Do You Check if an Idea is Already Patented?

Have a new idea you want to implement? Before executing it, make sure that the idea is not yet patented. Check this out to learn how you check if an idea is already patented.

The key to patenting your idea is to determine if it’s sufficiently different from other products already on the market to warrant a patent. An initial patent search can be conducted on your own as a starting point. Let’s learn about how you check if an idea is already patented step by step.

Is it Possible to Patent Ideas?

Patents cannot be granted themselves. Patents can be granted for inventions that involve an inventive step, do not fall into the category of inventions not patentable under the law, and can be used in an industrial setting. If the idea is novel and will be carried out, it is covered by a patent, according to the ruling in Hickton’s Patent Syndicate vs. Patents & Machine Improvements.

There is no express mention of whether ideas can or cannot be patented in the Patents Act, 1970. Invention and ideas are very similar since both arise from ideas and are developed from those ideas. As a result, the Patents Act 1970 can be applied to patent an idea that is practical, unique, novel, not obvious to qualified experts, and has industrial value.

Thus, such inventions or creations cannot be patented because they are not original or unique works of the inventor nor new in the field. New products and technological processes must be unique for a patent to be granted.

Search System for Indian Patents

Indian patents are now searchable via a new system called InPASS, which was launched on 27.02.2015. Before InPASS, Indian patent searches were conducted via IPAIRS [Indian Patent Information Retrieval System]. With InPASS, you can search all Indian patents and patent applications in the full text since it is an update of IPAIRS. In addition to this, InPASS also allows using wildcards and Boolean operators in patent searches. An advanced patent search in India is conducted using InPASS, the database of the Indian patent office.

Prior to filing a patent application, it is essential to conduct a patent search.

Step by Step Process to Check Patents

What is the procedure for checking the status of patent applications filed in India? There is a rather simple answer to this question.

Step 1: Visit http://ipindiaservices.gov.in/publicsearch/ to access the patent search system/database

Step 2: You will need to fill out the ‘application number’ field during the patent application process. You can view the application number, title, date, and status by clicking on the search button at the bottom of the page.

Step 3:  The application can be viewed by clicking the hyperlink ‘application number’. An application details page will open when you click on this button. You’ll see the applicant, inventors, and specifications for the application.

Step 4: You can view your application status by clicking the button at the bottom of the page. As a result, you will be able to see application details and the current status of the application in a new window.

To check the status of your patent application, you do not need to go through all the steps listed above. Above the ‘Patent Search’ and ‘Patent E-Registration’ tabs at the top of the search page is a tab called ‘Application Status.’

Then click on ‘Show Status.’ after entering the application number and captcha code into each field. A new window/page will open with the application details as well as the status of the application.

Searching for granted patent applications is especially easy with the ‘Patent E-register’ tab. To register for an e-registration, enter the patent number and captcha code in each field, and then click ‘Show E-Registration’. The fees associated with the grant and renewal of a patent will be retrieved through this method. Using this tool, you can determine whether a patent is still active, has been extended, or has expired. For patents that are in force, you will also see when their renewal due date is and how long they will be valid.

It is a good practice to stay in touch with the status of your patent application regularly. If any discrepancy is observed, applicants can notify the patent office or their patent agent immediately. By doing this, they can monitor and check the status of their patent applications regularly.

 

Does the Patent have an Active Status?

You need to make sure that your patent remains active after you’ve been granted it, which means that it hasn’t been abandoned or expired. Over 8 million patents have been granted up to now, but a large number of them have expired or have been abandoned. For a patent to remain active, the owner must pay ongoing fees. Patents will be abandoned if maintenance fees are not paid. There is an easy way to verify whether a patent has been abandoned through the Public PAIR system. Expired patents will not be shown in Public PAIR.

The term ‘new patent’ refers to patents filed on or after June 8, 1995. There is a 20-year time frame for these newer patents, starting from the date the patent was filed.

An active patent’s expiration date can be determined using a patent calculator. In contrast, a patent calculator will not be much help if your goal is to determine the patent’s earliest effective filing date. Terminal Disclaimers and Patent Term Adjustments are not taken into account by Patent Calculators. Usually found on the front of patents, terminal disclaimers link a patent’s expiration date to another patent’s and reduce its lifespan.

Conclusion

In order to protect your great idea that you believe will change the world, you should file a patent application. In order to patent your idea, you need to find out if someone else has already patented it.  Alternatively, you may apply for a patent to protect your idea from infringement and give you privacy rights.

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