Indian Patent Search

Patentability Search - An Overview:

A patent grants the owner the right to restrict others from creating, using, importing, or selling his or her invention without permission. Before such a right is granted, a thorough examination is performed to see whether the procedure or product is original, novel (and has not previously been predicted in any published document), and industrially applicable (possesses utility). It involves searching the database of India's intellectual property authority to see if there is an object or invention that is the same as or comparable to the applicant's creation.

Benefits of a Patent Search

• It shows the level of competition
• It confirms whether or not your invention's concept has already been patented
• It assists with determining which aspects of your innovation are most likely to be patentable
• It grants you the sole right to prevent others from reproducing, manufacturing, selling, or importing your innovation without your permission.

Documents Required for the Filing of a Patent in India

• Complete specification (in English)
• Drawing(s)
• Name, address, and nationality of inventors
• Name, address, and nationality of applicants
• Power of attorney (to be filed in case the application is filed by a patent agent)
• Assignment deed or application form endorsed by the inventor (if the inventors are not the applicants)
• Details of correspond­ing applications filed in other countries (Infor­mation and undertaking under Section 8)
• Verified English translation of the priority application (required for convention applications)
• Verified English translation of the PCT application (required only for national phase applications) agent can verify the English translation of PCT application on behalf of the applicant
• Certified copy of the priority application, if requested by the controller (required usually for convention applications, but may also be requested for national phase application in case the priority document was not submitted with the international bureau)
• Sequence listing in computer-readable text format (if any) (no print form is required to be submitted)
• Permission from the National Biodiversity Authority (in case any biological material used in the invention is from India).

Why Is a Patent Search Essential for Infringement?

Every year, patent authorities get thousands of patent applications. Not all applications are approved by the authorities. The reason for this is that there are other similar inventions/applications or methods involved in the invention that are 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.

How Vakilsearch Carries Out the Patent Search Process

Publication In A Recognised Journal

You would need to send in all the details regarding the patent search, including uses of the invention, benefits over existing products or processes and its publication in a recognised journal, if any.

Patent Search

Your Vakilsearch legal specialist will take your request and search the database thoroughly. The time required to do this search would be determined by the extent of the innovation, the industries to which it is applicable, and the number of similar current products/processes. Once the patent search reveals that your product or procedure is novel, we will commence the application filing process.

Why Vakilsearch?

• You will be allocated a dedicated expert
• Your Vakilsearch legal expert will take your request and do a thorough search of the database
• We will conduct a thorough examination and comparison of the work
• We'll look into every aspect, including the invention's potential applications across industries and the advantages it has over existing items
• You can also monitor the status of your patent application on our user-friendly dashboard at any time.

The Glossary

Abstract

The section of a patent that provides a brief summary of the invention described in a patent.

Application

A document submitted to the patent office of a country to describe an invention for which a patent is sought.

Claim

A statement that defines the invention protected by a patent.

Intellectual property

A generic description encompassing patents, trademarks, copyrights, and other available forms of protection for the products of mental work.

Licence (of patent)

An agreement, usually in writing, in which the owner of a patent grants to another party the right to practice the patented invention without giving up ownership of the patent. A licence may be granted to the party on an exclusive or nonexclusive basis.

Novelty

A basic requirement for a claimed invention to be patentable.

Priority (claim to priority)

The claim in a patent application to the benefit of the filing date of an earlier filed patent application for the same invention.

Rejection (of claim)

A statement by an examiner that a claim in a patent application is not patentable for a reason specified by the examiner.

Specification

The portion of a patent application that describes in writing the invention, including the background of the invention.