A patent is a legal document that gives the right or authority over a particular
field of research, invention, or any other process, to a person applying for it.
A patent attorney will do a thorough search the patent database.
The lawyers will assess inventiveness through comparisons with similar works
The attorney will then inform you whether or not you should make the application.
A patent gives its owner the right to prevent others from making, using, importing or selling his/her invention without approval. Before such a right is granted, a rigorous check is done on whether the process or product is inventive; or novel hasn't been anticipated in any published document; and industrially applicable (possesses utility). It involves a search of the intellectual property regulator of India’s database, to check whether there exists an object or invention that is the same as or similar to the applicant's invention.
Before paying the government fees for a patent, it is sensible to do a search to test the inventiveness of the product or process. It's the only way to know how likely it is for your patent to be granted. While you may be aware of a product’s commercial uses, it is entirely possible that a competitor has patented a product or process similar to yours, but not begun using it yet.
If a patent has been granted to a product or process similar to yours, it could cause your application to be rejected. Hence, you should be able to frame your application to reflect on how yours is different.
Every year, patent authorities get thousands of patent applications. Not all applications are approved by the authorities. The reason being there are other similar inventions/applications or the steps involved in the invention, and hence 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.
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.
Your Vakilsearch legal professional will take up your request and conduct a thorough search of the database. The time it takes to conduct this search would depend on the scope of the invention, the industries it is applicable to and the number of similar existing products/processes. Once the Patent Search confirms that your product or process is innovative, you can begin filing the application.
What Is A Patent Search?
A Patent Search is a preliminary process for filing/applying for a patent. Before such a right is granted, there obviously is a rigorous check on whether the process or product is inventive, novel (has not been a part of any published document) and industrially applicable (possesses utility). It involves a search of the database of the intellectual property regulator of India to check whether there exists an object or invention that is the same as or similar to the applicant's invention.
When does a patent expire?
20 years from the date of filing for a provisional or permanent patent, the patent falls into the public domain.
What information do I need to provide?
The details of the invention can be shared on a CD or a pen drive, along with its name, comparison with existing products, uses, and date of publication (if any). Applicant information is also required.
What is expected from the patentee as an obligation?
A patentee must disclose the invention in the patent document for anyone to practice it after the expiry of the patent, or practice it with the consent of the patent holder during the life of the patent.
Is there a worldwide patent?
Filing an application in India enables the applicant to file a corresponding application for the same invention in other countries, within or before the expiry of twelve months from the filing date in India. Therefore, separate patents should be obtained in each country where the applicant requires protection of his/her invention in those countries. However, there is no patent that is valid worldwide.
Although the database is simple and easy to operate, the process of the Patent Search itself requires an expert in the field. The patent agents or an attorney with expertise in patent filing can improve accuracy and help speed up the search process. Such a thorough search can help you decide whether to go ahead with the patent application or not, and also to identify the areas in which your investors and competitors are interested in.
In India, a patent is provided by the Indian Patent Advanced Search System (InPASS). This was introduced in 2015. InPass allows a full text search of all patents and applications that have been registered so far in the country. Every year, several companies and individuals file for patents for their inventions. Hence, an official register or database is maintained to ensure no duplication of patents on similar or same products/applications are awarded. The Patent Search is thus an attempt to search the complete database to find if any company or individual has filed for a patent for an application similar to the one for which patent is being sought. InPass, the database where all patents and patent applications are stored, gives a detailed account of all the patents in the area of research, and thus, help in analysing, scrutinising and also deciding if it is worthwhile to file for a patent registration.
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Facebook has recently got the India patent for an invention to give universal support to cell phones. It will boost Facebook’s efforts to support a wide variety of mobile phones without compromising on the quality of service. Facebook received the patent from the IPO, Chennai on 3rd March.
The Osmania University, Secunderabad has launched ‘Total Patient One’, a patent search facility for researchers and teachers. This will help to spread awareness regarding Intellectual Property Rights (IPR). It will also help better coordination with regulatory bodies and research institutions.
The Indian Patent Office (IPO) has rejected Google’s application on wearable electronic devices. The IPO observed that the complete specification of the methods intended to be used was not fully described in the application.