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Patents

Patent Search Services in India: What You Need To Know

If you want to know about patent search services, there are both paid and unpaid platforms. Even before how you can move forward with the concept of patent searching, you must first know what a patent is.

If you want to know in detail about patent search services in India, then first and foremost, you need to know what a patent is. It is a right that the government grants to the patent applicant or one who invents something new and exclusive. That exclusive patent belongs to the inventor. The right has no permission for others to sell, remake, export or import the products that fall under the patent category. When a patent needs to be registered, the first and the most important criterion is that it should be a unique invention. 

When you go for a patent search, you can get an idea of which patents are already listed as part of the public domain, and you can also match and compare relevant patents and also those that do not fall under patent to know whether at all something can be included within the purview of patent or not. 

Why Is Patent Search Important in This Regard?

If you want to know about patent search services in India, then you can go through the following points to find out why patent search is essential:

  • The inventor of the patent applicant readily comes to know whether the invention can be put under patent or not. If it is novel, and if it can have industrial and commercial applications. 
  • With the right search, the chance of getting your patent increases; you get a proper draft about making a patent claim as part of a patent application etc. Moreover, you can keep track of all the same types of patents in the field to know the exact filing that you need to do. With every possible search, you get the idea of how to increase the scope of any patent. 

Next, When You Start the Actual Patent Search, You Can Go Through The Following Guidelines: 

    • You can go to various websites about patent searches. The most authentic part will be check with the Indian Government, which has the IP India Patent search platform of its own. 
    • First, you need to know the concept of where to start. It is different from Prior Art searching, which is more dedicated to the subject matter search in a more detailed manner. 
    • Next, you must clarify with your attorney the nature of your search that you are doing, all pros and cons, and all the details about the nature and further implication of the patent needs to be kept in mind. 
  • Then you should move on with identifying all the major or the chief features of the patent registration that will lead to its patentability. Every day numerous patents are launched in the market, and you have to be extra careful about the authenticity and novelty of the piece of the patent that you have. What is it that gives it an extra edge? On what grounds shapplould it compete with the others etc. 
  • When you want to know in detail about India’s patent search services, you can also check out some of the most reliable search engines, depending on what kind of patent search you need. IP India is more reliable as it is a government platform, and you do not have to spend any amount of money when you go for this search. 
  • You need to check out and maintain certain mandatory information before you go for the patent search solutions on any platform. There should be a title, an application date, abstract, complete specification and details, application and patent number, applicant number, name and country of the inventor, name and country address of the applicant, the PCT application and the PCT publication number. 
  • What are the types of patent searches that you can do? Generally, there can be five different types of patent search, among which you first have the Freedom to Operate Search. This starts at a preliminary stage, even before the patent gets launched as part of the larger domain of the commercial market. The FTO analysis needs to be done with active or registered patents only. 
  • The second one is the novelty search that gives the inventor an idea of whether at the invention comes within the purview of patentable matter. It can include major keyword searches, International Patent Classification, assignee searches and also the search for the application ID. 
  • The next is called the State-of-the-Art search. It is a simple market survey that gives an idea about what kind of similar patents and ideas of technologies are present in the field or not. This is good for the inventor because if there is no novelty or demand, this will further stop them from spending on the invention. 
  • There can also be a patent technology and landscape analysis: this is one of the finest aspects that one can get from patent search. It is much advanced as a technique, and it includes more profound knowledge of the subject, technical expertise, existing and future competitors in the market etc. Whatever patent data is available, this method makes it clear that there should be proper insights into what the patent can do. 
  • The next is called the validity or invalidity search. If you are genuinely interested in knowing about patent search services in India, then you can go for this search. This happens only after the patent gets granted. It is a technique to find out the patent’s validity and legitimacy before it finally gets launched into the open market. 

How to do a Patent Search

The process of conducting a patent search involves searching for existing patents and published patent applications to determine if an invention is novel and non-obvious. Here are the general steps to perform a patent search:

  1. Define the invention: Clearly identify the key aspects and features of your invention. This will help you in formulating effective search queries.
  2. Determine the patent office: Decide which patent office’s database you want to search. If you are interested in obtaining a patent in India, you can search the Indian Patent Office’s database.
  3. Use patent search tools: Utilize online patent search tools provided by the patent office or other reputable sources. These tools allow you to search for patents using keywords, classifications, inventors’ names, or other relevant criteria.
  4. Conduct a keyword search: Start by entering relevant keywords related to your invention. Consider using synonyms, alternative terms, and variations to broaden your search. Refine your search by using Boolean operators (AND, OR, NOT) to combine or exclude specific terms.
  5. Review search results: Examine the search results and analyze the patent documents that appear to be relevant to your invention. Pay attention to the title, abstract, claims, and drawings to understand the scope and details of each patent.
  6. Analyze patent documents: Evaluate the identified patents to determine their relevance to your invention. Look for similarities in the technical field, features, or problem-solving approaches. Assess the claims section to understand the scope of protection granted by each patent.
  7. Narrow down the results: Refine your search by using more specific keywords or additional search criteria to narrow down the results. This will help you identify patents that are closer to your invention and may pose potential obstacles to obtaining a patent.
  8. Consult a patent professional: If you are unsure about the results or need assistance in interpreting the patent documents, consider consulting a patent attorney or agent. They can provide expert guidance and help you assess the patentability of your invention.

Patent Information

Through patent search, the applicant can find the following information about the patent:

  1. Invention title
  2. Publication Number
  3. Publication Date
  4. Publication Type
  5. Application Number
  6. Application Filing Date
  7. Priority Number
  8. Priority Country
  9. Priority Date
  10. Field of Invention
  11. Classification
  12. Inventor Name, Address, Country, Nationality
  13. Applicant Name, Address, Country, Nationality

What Is The Process Of Patent Search?

The process of patent search involves conducting a thorough search of existing patents and patent applications to determine whether an invention is novel and non-obvious. This is an important step in the patent application process, as it helps to ensure that the invention is eligible for patent protection and that the patent application is likely to be approved.

Eligibility Criteria for Patent Search in India

In India, anyone can conduct a patent search, regardless of their nationality or residency status. However, to conduct a patent search, you must have access to the Indian Patent Office’s online database, which is available on their official website.

To conduct a patent search, you will require:

  • Access to the Indian Patent Office’s online database: To conduct a patent search, you must have access to the Indian Patent Office’s online database. This database is available on their official website, and you can access it by creating an account.
  • Basic knowledge of patent search: To conduct a patent search, you must have a basic understanding of patent search techniques and strategies. This includes knowledge of patent classification systems, keyword searching, and Boolean operators.
  • Understanding of patent documents: To conduct a patent search, you must have a basic understanding of patent documents, including patent applications, granted patents, and published patent specifications.
  • Patience and persistence: Conducting a patent search can be a time-consuming and challenging process. You must be patient and persistent in your search efforts to find the relevant information.

Documents Required for Patent Search in India

To conduct a patent search in India, you will need certain documents and information. Here are the key documents required for a patent search in India:

Invention details: You should have a clear understanding of your invention, including its technical aspects, features, and potential applications. This will help you in formulating effective search queries and identifying relevant prior art.

Patent classification: Familiarize yourself with the International Patent Classification (IPC) system, which categorizes inventions into different classes and subclasses based on their technical fields. Determining the appropriate classification for your invention will aid in conducting a focused search.

Patents and publications: Compile a list of relevant patents, patent applications, and non-patent literature (such as scientific articles, conference papers, and technical reports) that are related to your invention. These documents will serve as prior art references during the patent search.

Patent search report: As you conduct the search, maintain a record of the search results, including the relevant patent documents and their details. This will help you in analyzing the prior art and determining the novelty and inventiveness of your invention.

Advantages of Patent Search

There are several advantages of conducting a patent search, including:

  1. Avoiding infringement: A patent search can help identify existing patents that may be similar to the invention in question. This can help avoid infringement of existing patents and potential legal disputes.
  2. Saving time and money: Conducting a patent search can help identify potential roadblocks to obtaining a patent, such as prior art or existing patents. This can save time and money by avoiding the expense of filing a patent application that is unlikely to be granted.
  3. Improving the quality of the patent application: A patent search can help identify areas where the invention can be improved or modified to make it more novel and non-obvious. This can improve the quality of the patent application and increase the chances of obtaining a patent.

Significance of a Patent Search

The significance of patent search are as follows – 

  • Patent search helps you assess whether your invention is new and unique. When you file a patent application, you are claiming that your invention is new and unique. A patent search can help you determine whether your invention is truly new and unique, or if it has been invented before. If your invention has been invented before, you may not be able to get a patent for it.
  • It also helps you avoid infringing on the patents of others. A patent gives the inventor the exclusive right to make, use, sell, and import the invention. If you make, use, sell, or import an invention that is patented by someone else, you could be sued for patent infringement. A patent search can help you identify patents that may be relevant to your invention, so that you can avoid infringing on them.
  • It can help you identify potential partners or collaborators. If you have a patent-pending invention, you may be able to find partners or collaborators who are interested in licensing your invention or working with you to bring it to market. A patent search can help you identify potential partners or collaborators by identifying companies that are already working in the same field as your invention.

Why is Patent Search in India Required?

In India, patent search is required for several reasons. Firstly, it is required to determine whether an invention is patentable or not. Secondly, it helps in identifying prior art and existing patents that may be similar to the invention in question. This can help avoid infringement of existing patents and potential legal disputes. Thirdly, it can help improve the quality of the patent application and increase the chances of obtaining a patent. Finally, conducting a patent search can help save time and money by avoiding the expense of filing a patent application that is unlikely to be granted.

Conclusion

If you are inquisitive and want to know in detail about patent search services in India, then you can, of course, talk to a reliable attorney who can give you an idea of how to file a patent and what kind of patents can be filed etc. Moreover, much seriousness is attached to a patent; hence, when you search, you should concentrate on this seriousness. 

Now, you can also take help from reliable websites like Vakilsearch, which gives you a composite idea about patents, companies, how to search for patents, how to register your patent, who can register a patent and so on. If you have any queries regarding patent search, you can always discuss them with their ever-active customer support network. This can be one of your most reliable destinations if you want to know about patent search. 

 

FAQs:

Where can I do patent search in India?

Patent searches can be conducted on the Indian Patent Office website or better yet with Vakilsearch free patent search service which is 10x more accurate.

How much does a patent search cost?

The cost of a patent search may vary depending on the complexity of the search and the scope of the invention. Vakilsearch provides affordable and reliable patent search services, allowing you to explore prior patents and assess the uniqueness of your invention without breaking the bank.

How much does a patent agent charge in India?

The fees charged by patent agents in India can vary based on their experience, expertise, and the nature of the patent application. Vakilsearch has a team of skilled patent agents who offer cost-effective and professional patent filing services tailored to your specific needs.

What is a patent search service?

A patent search service involves searching existing patents, published applications, and other sources to determine if an invention is novel and non-obvious. Vakilsearch provides patent search services to help inventors assess the patentability of their ideas and make informed decisions about patent filings.

Is a patent search free?

No, patent searches are not typically free. Conducting a thorough patent search requires access to patent databases and professional expertise. However, Vakilsearch offers affordable patent search services, ensuring you get valuable insights into the patent landscape at reasonable costs.

Can I do my own patent search?

Yes, you can perform a basic patent search on your own using public databases. However, a comprehensive patent search requires specialized skills and knowledge. Vakilsearch's expert team can help you conduct a thorough patent search, ensuring you don't miss any critical information.

How much does a 20 year patent cost?

The cost of a 20-year patent varies based on the country, type of invention, and the services you choose. Vakilsearch offers competitive pricing for patent registration, ensuring your invention gets the protection it deserves without excessive costs.

How much should I pay for a patent?

The cost of a patent can vary depending on the complexity of the invention, the country you file in, and the legal services you opt for. Vakilsearch provides transparent and affordable patent filing services to help you secure your intellectual property rights without financial burden.

Are there 5 patent offices in India?

No, there are four patent offices in India located in Delhi, Mumbai, Kolkata, and Chennai. Vakilsearch can assist you with patent filing and registration at any of these offices, making the process efficient and hassle-free.

Is patent free in India?

No, obtaining a patent is not free in India. There are various fees associated with the patent application and registration process. However, Vakilsearch offers competitive pricing for patent filing services, ensuring that inventors can protect their ideas at a reasonable cost.

Who has the most patents from India?

According to Global Data, with 757 patents published between 2002 and 2022, Council of Scientific and Industrial Research holds the most number of patents in India.


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