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A patent grants inventors exclusive patent rights over their innovations, allowing them to control the use, manufacture, and sale of their proposed invention for a limited time. This protection encourages innovation by providing inventors with the opportunity to gain financially from their ideas while safeguarding against Patent Infringement. To secure these rights, a patent search is essential. It serves as the first step in the patent registration process, ensuring that the invention is novel and meets the criteria for patentability, such as an inventive step and industrial application.
A patent search in India typically involves analysing data in patent databases like the IP India Patent search and Patent E-register. These resources allow users to review granted patents, view publication numbers, check legal status, and extract details such as patent numbers, filing dates, and publication dates. Different types of searches can be performed depending on the inventor’s goals. For example, a Novelty search is used to locate prior art, while a patentability search assesses whether the invention meets key criteria. Additionally, a Freedom to Operate (FTO) search helps identify any existing patents that may restrict the commercialisation of a new product.
For a broader perspective, international resources like Google Patents provide access to International Patents and global patent literature. Inventors and Patent Professionals may also use paid databases for a more advanced patent search that includes validity searches and invalidity searches to assess risks or challenge the validity of similar patents. Patent landscape studies offer a comprehensive view of patent trends in a technology area, helping inventors and businesses make strategic decisions and identify white space opportunities for innovation.
With these searches, search reports and search results help inventors interpret the patent data needed for informed decisions in the patenting process. Inventors can rely on Patent Services offered by Patent Professionals and Patent Service Providers to navigate Intellectual Property Law (IP Law) effectively. For those starting out, tools like Vakilsearch’s free patent search offer accessible options to explore relevant patents and existing patents without initial costs, making it a practical resource for individual inventors in the early stages of Intellectual Property Law exploration and patent filing.
A patent is a legal right granted to inventors for a new product or process that solves a problem or adds value. This right allows inventors to control who can make, use, or sell their invention for a set period. By securing a patent, inventors also make the invention's details public, advancing innovation and transparency.
Patent Search is essential to confirm that an invention is genuinely unique and can be patented. Here’s why it’s so important:
According to the Indian Patents Act, 1970, a patent is a government-granted right allowing inventors to exclusively use, make, or sell their invention within India for a limited time, generally 20 years from the filing date. This right protects the applicant details and allows innovators to leverage their creations. To secure this protection, the inventor must disclose all technical details, making the invention available in the public domain after the protection period expires.
1856:Act VI of 1856, modelled on the British Patent Law of 1852, introduces the concept of granting exclusive privileges for new inventions for a period of 14 years. This marks the very beginning of a patent system in India.
1859: The Act XV of 1859 modifies the previous Act, replacing "exclusive privileges" with the term "patent monopolies." It clarifies the rights granted to inventors, allowing them to make, sell, and use their inventions in India or authorize others to do so for 14 years from the date of filing the specification.
1872: The Patents & Designs Protection Act emerges, signifying a separate legal framework for protecting designs alongside inventions.
1883: The Protection of Inventions Act might have been enacted during this period. Further research could confirm its existence and specific provisions.
1888: The legal landscape sees a consolidation with the Inventions & Designs Act, potentially merging the Protection of Inventions Act (if enacted) with design protection measures.
1911: The Indian Patents & Designs Act comes into effect, establishing a more comprehensive and structured patent system in India.
1947: India gains independence, necessitating a review and potential reforms of the existing patent system.
1950: The Indian Patents & Designs Act of 1911 undergoes amendments to better suit the needs of the newly independent nation.
1957: The Justice N. Rajagopala Ayyangar Committee is formed to assess the patent law and recommend revisions for a more robust system.
1970: A landmark year! The Patents Act 1970 replaces the 1911 Act. This Act brings about significant changes:
1999-2005: A series of amendments are made to comply with the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement. A major change in 2005 involved extending product patents to all fields of technology, including pharmaceuticals, food, and chemicals.
2002 & 2012-2014: The Act and Rules see further amendments to address evolving technological advancements and international obligations.
Present: The Indian patent system remains active, constantly adapting to the ever-changing globalized knowledge economy. The focus continues to be on fostering innovation and intellectual property protection while balancing public interest considerations.
Adhering to the Indian Patent Rules is vital for securing and upholding patent protection. Following these guidelines ensures smooth processing, helps avoid delays or rejections, and protects the inventor’s rights. Here’s why it’s essential to comply with these rules:
The Indian patent system operates on principles of fairness and impartiality. To ensure patents are granted fairly, the patent registration process must be followed precisely, from conducting a patentability search to providing accurate applicant details. This commitment to unbiased processing strengthens the credibility of patent databases and promotes trust in the system.
The rules require applicants to submit accurate documentation and evidence, allowing a fair review of each application. This impartial examination ensures that only inventions meeting the criteria of novelty, inventive step, and industrial application receive patent rights. By correctly presenting claims, supporting evidence, and relevant prior art search results, inventors increase their chances of approval for genuinely innovative ideas.
Following the Indian Patent Rules provides inventors with a robust foundation to defend their patent rights. Once granted, an Indian patent restricts others from copying, using, or selling the proposed invention without permission, giving inventors a solid legal basis for action against infringement. The rules reinforce the security of granted patents by ensuring that patents can withstand challenges and maintain legal status.
In case of disputes, adhering to the Patent Rules ensures that the process remains transparent and legally sound. For example, the correct filing of affidavits, opposition documents, and supporting data keeps proceedings fair and enables courts to make informed judgments, as seen in cases at the Delhi High Court. Compliance ensures that applications align with the legal standards, thereby safeguarding the inventor’s interests.
By following these rules, inventors can maximise the benefits of patent protection and ensure a legally compliant path from patent search in India to patent grant.
The Patents Act of 1970 governs the Indian patent system, providing a structured approach for securing patent rights and fostering innovation. Understanding this legal framework is essential for inventors and businesses seeking patent protection under Indian IP Law.
The Indian Patents Act, 1970 establishes the criteria and procedures for filing, granting, and enforcing patents in India. This Act protects inventions that demonstrate novelty, inventive step, and industrial application, ensuring that inventors’ rights are upheld as long as they meet these requirements. Since India joined the TRIPS agreement (Trade-Related Aspects of Intellectual Property Rights), the Act has been updated to align with global standards for International Patent regulations.
Key aspects of the Patents Act include:
By ensuring that inventions meet the standards for patentability search and comply with all required documentation, inventors and applicants can efficiently navigate the Indian patent registration process. Access to patent databases like Patent Search Online in India and the Patent E-register helps users track granted patents, check legal status, and ensure that their inventions align with current laws and regulations.
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In India, there are four different types of patents as mentioned below:
The Utility Patent is the most commonly sought patent for new and useful inventions or improvements on existing products. It grants inventors exclusive rights to make, use, and sell the invention for 20 years from the filing date, provided the invention demonstrates inventive steps, is unique, and is adequately detailed in the application. A thorough novelty search in patent databases and prior patentability search are vital for assessing its eligibility.
A Provisional Patent allows inventors to secure an early filing date while they develop a complete utility patent application. This temporary placeholder gives an invention the "patent pending" status and is valid for 12 months. After that, a Complete Patent application must be filed to maintain the rights. This type of patent is beneficial for inventors who need time to refine their proposed invention or gather funds for a full patent.
A Design Patent protects the unique visual aspects of a product, such as shape or ornamentation, rather than its functional features. These patents last for 15 years from the grant date, allowing inventors to prevent others from copying the look of their product. This type of patent applies to products where aesthetics add significant value, like furniture or electronics.
A Plant Patent is awarded for new plant varieties that are reproduced asexually, such as by grafting or budding. The patent lasts for 20 years, and the inventor gains the right to prevent others from producing or selling the plant without permission. Plant patents are significant in agriculture and horticulture and help secure rights for unique plant innovations.
Patent Search Online in India is a crucial first step for any inventor or Individual Inventor considering patent filing. A patent search helps assess if a similar invention already exists and whether the proposed invention qualifies for a patent. This is essential to verify that the invention is state of the art and meets the required criteria for a patent, including inventive step and industrial application. Here are 5 types of patent search in India:
It finds out how novel an invention is compared to the prior arts. This requires extensive examination of the prior arts to find out whether the invention satisfies the conditions of novelty and non-obviousness. This, therefore, helps to establish whether the invention is patentable during the drafting and filing of the patent application and subsequent prosecution at the patent office.
This type of search, also called an FTO search, checks if a new product can be made, used, or sold without infringing on other patents. It helps inventors and companies avoid potential patent infringement and make informed decisions on whether to proceed with production.
A patent invalidity search or validity search is an in-depth research of the presence of patents and prior arts to test the strength of a patented invention. The purpose of this search is to seek prior arts that may be used in the case against the patent being studied, which might have been brought as a defence against infringement or filed as a case to be litigated in court with the objective of defeating enforcement of the patent.
This refers to a thorough analysis of patent data for the delivery of business, scientific, and technological trends in a specific industry, technology, or region. It gives companies the ability to dig deeper into their competitive landscape, identify areas in which they can further innovate, and make strategic decisions from that point of view. Landscape reports are particularly helpful for businesses that need to understand trends in the market and optimise their research and development processes.
The part of the patent application process is that it must contain a pre-filing prior art search. This search offers the availability for examination of existing patents and publications available in the public domain, which may be used to test the novelty and non-obviousness of the invention and thus clear the invention of previous works that could upset its possibility of being patented, hence permitting application based on robust ground.
Performing a patent search in India is an essential first step for securing patent protection and avoiding potential issues during the patent registration process. Here are key reasons why a thorough search is crucial.
A patentability search helps confirm if your invention is unique and eligible for a patent. By exploring existing patents through patent databases like the Indian Patent Advanced Search System or Google Patents, you can check if any similar invention exists. Reviewing these granted patents helps identify if your idea meets the inventive step requirements, making it eligible for a patent application.
An effective prior art search can protect you from accidental patent infringement. By understanding what has already been patented, you can adjust your invention to avoid infringing on others’ patent rights. This minimises the risk of costly legal disputes and potential financial penalties, ensuring that you’re creating something distinct.
A comprehensive search provides insights into trends and competitor developments within your field. By observing the state of the art and relevant patents, you gain an understanding of new products and emerging areas of interest. This helps you make informed decisions on improving your invention to stay ahead in your industry. It also lets you examine patent data from competitors, allowing a strategic edge in Business Development.
Conducting a patent search in India involves essential steps to determine if an invention is unique or eligible for patent protection. Knowing how to navigate different patent databases and choose the right search methods can streamline the process.
Understanding the essential steps in a patent search helps ensure a comprehensive review of existing inventions and strengthens your patent application. Here are key steps for the same:
Begin by identifying the type of patent search that fits your needs. A patentability search checks if an invention qualifies for a patent, while a Freedom to Operate (FTO) search ensures your invention does not infringe on existing patents. Alternatively, a prior art search finds similar inventions, helping gauge the novelty of your idea.
Several patent databases are available for thorough searches, including the Indian Patent Advanced Search System (InPASS) for India-specific queries. For international searches, try WIPO’s Patent Scope, Google Patents, or the USPTO database.
To narrow down relevant search results, use specific keywords, classification codes, or applicant details. This approach, using information such as patent number or patent claim details, helps make your search more accurate and comprehensive.
Start with a broad search to capture a wide range of results, then gradually refine by adding specific terms, classifications, or filters. This method helps in identifying both directly related and tangential granted patents.
Accessing reliable patent databases is crucial for an effective search. Tools like the Indian Patent Advanced Search System (InPASS), and Google Patents offer comprehensive access to global patent information, aiding in detailed prior art analysis. Here are 4 popular online patent database:
InPASS, provided by the Indian Patent Office, is a free database to search for Indian patent applications, granted patents, and information on legal status. It’s an excellent starting point for those conducting a patent search online in India.
WIPO’s Patent Scope offers a global database covering patents from over 60 collections worldwide. This tool is essential for tracking patents across countries and provides extensive access to international patent information.
Google Patents is a comprehensive tool covering more than 100 patent offices and over 120 million patent documents. It’s widely used for novelty search, patentability search, and viewing state of the art within various fields.
The USPTO (United States Patent and Trademark Office) database offers a vast collection of U.S. and international patent information, supporting in-depth research for inventors and professionals globally.
Conducting a precise patent search in India requires strategic methods and tools to yield comprehensive results. Here are some best practices to help make your patent search as effective as possible.
Following strategic best practices is essential to ensure a comprehensive and accurate patent search, reducing the risk of overlooking existing patents.
Utilise Boolean operators like AND, OR, and NOT to refine your search results. For example, using 'AND' between keywords shows results that include both terms, while 'NOT' excludes certain terms from the search. This approach enhances accuracy and is especially useful when sifting through patent databases like InPASS or Google Patents to identify relevant patents and avoid unrelated results.
The International Patent Classification (IPC) system helps categorise patents by specific technology areas, making it easier to locate relevant patents within a focused field. Adding IPC codes to your search can streamline results and help you find existing patents similar to your proposed invention. This step is especially useful for inventors or professionals with years of experience in a specific technical area.
Carefully analysing patent documents is key to understanding an invention’s scope and legal boundaries. Focus on sections such as the abstract, patent claims, and specifications. These parts reveal essential details about the invention’s functionality, design, and inventive steps, which are necessary for assessing patent protection.
Applying these best practices along with patentability search and FTO search methods can lead to a more accurate first step in the patent registration process, helping you make informed decisions on the patentability of your idea and stay updated on technology trends.
The Indian Patent Search System is a crucial tool for innovators and businesses to identify existing patents and assess the novelty of their inventions. This would help innovators and companies to know how far their inventions have gone concerning other similar patents, assessing novelty in their inventions, avoiding duplication, and perhaps averting possible legal issues. An effective patent search will aid the applicant in gaining more knowledge on the existing scenario of inventions, streamlining their filing process, and consequently strengthening their patent applications.
The Indian Patent Office plays a crucial role in fostering innovation and protecting intellectual property rights across India.
The Indian Patent Advanced Search System (InPASS) is a comprehensive, web-based tool designed by the Indian Patent Office to facilitate efficient patent searches. Introduced in 2015 to replace the earlier Indian Patent Information Retrieval System (IPAIRS), InPASS offers a wide range of search features, including subject matter, filing date, and patent number searches. This tool allows users, including those abroad, to access real-time patent information from Indian patent databases, ensuring a more informed first step in the patentability search process.
The system also allows users to filter search results by details such as assignee name, application date, and legal status, making it easier for inventors, from a B.Tech graduate to seasoned professionals like Ex-Lockheed Martin engineers, to conduct a free Patent search. The InPASS interface resembles that of WIPO’s Patent Scope, providing a familiar layout for those conducting both domestic and International Patent searches.
InPASS simplifies the patent search in India with an intuitive interface that makes locating relevant patent information straightforward. By offering a range of search options, such as by patent class, inventive step, and keywords, InPASS helps users quickly identify potential prior art and assess existing patents that may impact their proposed invention.
Through the InPASS system, the Indian Patent Office has streamlined patent databases to enable in-depth research into granted patents and other intellectual property records. This tool is invaluable for conducting thorough patentability searches, allowing users to make informed decisions about their innovations, thus refining their approach before filing applications.
The Indian Patent Advanced Search System (InPASS) offers multiple tools to help users conduct a thorough patent search in India. Here’s a look at some key features that make InPASS a vital resource for searching patent databases.
InPASS enables users to search for a patent using specific details, such as the application number, applicant details, or the title of the invention. This feature is particularly useful for those wanting to verify patent protection on specific inventions or track competitor filings. Whether you’re a B.Tech student, an Ex-Lockheed Martin professional, or new to patent searching, this functionality helps locate exact records in the database quickly.
InPASS allows for advanced searches using International Patent Classification (IPC) codes or simple keywords, helping users filter results to match specific technologies or subject areas. The IPC search is beneficial for identifying patents in particular technical fields, while keyword searches can refine results further by focusing on specific terms related to the proposed invention. Using Boolean operators can make keyword searches even more effective, helping refine search results in large patent databases like Google Patents or WIPO’s Patent Scope.
InPASS provides detailed information on a patent’s legal status, essential for assessing the patent’s enforceability and scope. Here’s a breakdown of the different status categories available through InPASS:
Through InPASS, users can check if a patent is granted, pending, or expired, offering insights into the invention's current legal protection. This feature helps inventors understand whether their idea conflicts with any granted patents and assess if there are open opportunities for improvement or innovation.
By following these steps and using tools like show E-register, inventors can gain a comprehensive understanding of the patent registration process in India.
Conducting a patent search in India is often challenging and requires careful consideration of potential hurdles. Understanding these challenges is essential for navigating patent law effectively and ensuring an efficient, accurate search. Here are some common obstacles faced during the process.
One of the biggest challenges in patentability search is misinterpreting prior art. Misunderstandings about prior art—such as confusing similar inventions or misjudging their novelty—can lead to false conclusions about an invention’s eligibility for patent protection. This often results in legal disputes or, worse, rejection of the patent application itself. Utilizing thorough patent databases and conducting a novelty search can help avoid these pitfalls.
Another challenge is the lack of complete data in patent databases. In some cases, inventors and businesses may face issues with access to full and updated patent data, which is crucial for making informed decisions. Incomplete or outdated information can affect assessments of legal status and existing patents, complicating the Freedom to Operate Search (FTO) and leading to missed opportunities or overlooked risks. It’s essential to check reliable sources, such as InPASS or Google Patents, to access as much relevant information as possible.
Industry-specific keywords are crucial for capturing relevant results. However, these keywords are sometimes absent from search results, leading applicants to miss out on relevant patents. This issue can result in missed critical prior art or missed opportunities for improving a proposed invention. Using precise keywords and, where applicable, IPC codes can help refine search results and make the patent registration process more effective.
Understanding these challenges and preparing for them by using effective search tools like InPASS or consulting a Patent Professional can make a significant difference in conducting an effective patent search and securing patent rights.
Overcoming the challenges of a patent search in India requires a combination of expert guidance, refined search techniques, and reliable tools. Here are some effective strategies to streamline the process and ensure a successful patent search.
Vakilsearch offers expert patent search services to help you navigate the complexities of the Indian patent system. Leveraging our deep understanding of the patent registration process and access to extensive patent databases, we ensure no prior art is overlooked.
Our thorough patentability and freedom-to-operate (FTO) searches minimise risks, prevent potential errors, and provide you with a clear path forward, ensuring your application is strong and well-prepared for successful filing.
Partnering with experienced patent attorneys is key to navigating the complexities of patent searches. Their expertise ensures accurate, comprehensive results, helping identify potential conflicts and strengthen your application, ultimately increasing the chances of successful patent approval.
In addition to handling the search process, Vakilsearch helps you gain valuable skills in using search tools effectively. We guide you in selecting the right industry-specific keywords, using Boolean operators, and understanding International Patent Classification (IPC) codes, ensuring a more refined and focused first step in your patent journey.
At Vakilsearch, we rely on the latest and most comprehensive patent databases, such as InPASS, Google Patents, and WIPO’s Patent Scope. By ensuring all searches use updated databases, we prevent overlooked existing patents and missed details, keeping your application accurate and timely. This approach helps maintain your competitive edge and supports a smoother patentability search process, giving you confidence that your proposed invention is well-protected.
Here are 5 key benefits of utilising professional patent search services in India:
A detailed patent search online in India ensures that your proposed invention does not infringe on existing patents, thereby avoiding costly patent infringement disputes. By identifying potential conflicts, these services help maintain the originality of your idea and protect you from legal repercussions.
Professional patentability search services evaluate whether your invention is unique and meets the required inventive step for patent protection. This step prevents you from investing resources in non-patentable ideas and guides you toward viable innovations.
Conducting a patent search in India with expert help saves time and minimizes the costs and delays associated with rejected applications. Experienced professionals utilize patent databases and tools like Google Patents or InPASS to provide you with accurate, comprehensive search results efficiently.
Analyzing granted patents and related patent literature gives you valuable insights into industry trends and competitor innovations. This knowledge can inform strategic Business Development decisions, helping you refine your invention to stay competitive in the market.
A professional prior art search and FTO search reduce the risk of legal challenges, giving you confidence in your patent rights. By assessing legal status, publication date, and potential conflicts with other relevant patents, these services help secure your intellectual property rights with minimal legal risk.
Vakilsearch offers a comprehensive patent search online in India, backed by vast years of experience in Intellectual Property Law. Our team skillfully interprets the intricacies of patent databases and applies advanced search techniques to provide precise, reliable search results.
With our patentability search, we assess the novelty of your proposed invention by conducting a detailed prior art search, evaluating both Indian and International Patent records. By examining granted patents, legal status, filing date, and more, Vakilsearch enables clients to navigate the patent registration process smoothly and with confidence.
Our services include searching by patent number, keywords, similar invention, and other relevant filters, using databases such as InPASS and Google Patents. We also perform Freedom to Operate (FTO) search to help clients avoid patent infringement issues, and we offer insights on strategic decisions by identifying relevant patents and conducting a comprehensive search across updated databases.
Through systematic analysis and a deep understanding of state-of-the-art technologies, we support inventors, businesses, and Patent Professionals in making informed choices to secure effective patent protection.
After completing a successful patent search in India, the next step is to proceed with the patent registration process to protect your proposed invention under Indian IP Law. Here’s a breakdown of the steps involved:
After completing a successful patent search in India, it's time to move forward with the filing process. Here’s a step-by-step guide to help you protect your invention under Indian patent law.
The first step is drafting a detailed patent application that includes the invention's full description, technical drawings, and specific patent claims that define the scope of protection. Accurate and thorough documentation is critical to avoid delays or issues during the examination phase. A complete patentability search and prior art search should also be performed to ensure all aspects of the invention are novel and meet the inventive step requirements.
Once the application is complete, it can be filed with the Indian Patent Office. Depending on the development stage of the invention, applicants can either file a Provisional Patent to secure an early filing date or submit a complete application if the invention is fully developed. This filing process may involve using patent databases to confirm that no similar invention has already been granted protection, as well as accessing Patent E-register for up-to-date information on the legal status of relevant patents.
After submission, the Indian Patent Office examines the application and may raise objections based on their analysis of existing patents, novelty search, or the clarity of the patent claims. Applicants must respond to these objections by adjusting claims or providing additional information to address concerns. Once all objections are cleared, the patent is approved and granted, providing full patent rights to the inventor and protecting the invention from unauthorised use.
Using Patent Search Online in India and working with an experienced Patent Professional can facilitate a smooth transition from search to filing, ensuring that all necessary steps are covered and your invention is protected under Indian patent law.
After a thorough patent search in India, there are essential follow-up actions to ensure your application moves forward smoothly and meets patent protection criteria.
If the patent search uncovers prior art or similar inventions, refining your patent claims may be necessary to highlight the unique aspects of your proposed invention. Adjusting claims based on search results ensures that your invention meets the required inventive step and non-obviousness criteria, helping avoid potential conflicts with existing patents.
Once you’ve reviewed the patent databases and finalised the claims, the next step is to file a Provisional Patent application if your invention is still in development. This secures an early filing date and gives you 12 months to prepare a Complete Patent application. If your invention is fully ready, you may proceed directly with a complete application, detailing all aspects of the invention for immediate examination by the Indian Patent Office.
Why Vakilsearch ?
A thorough patent search is vital for inventors, helping avoid unnecessary investments by identifying existing inventions early on. It provides insight into whether your patent may infringe on others' rights or if it could be challenged by competing patents. Begin with a prior art search to ensure your invention is unique, then check national and international patent databases for similar inventions. Assess the patentability criteria, such as novelty, to reduce the risk of rejection. Early identification of similar inventions also helps prevent legal disputes. For best results, seek professional assistance to ensure a comprehensive and accurate search process. Connect with our experts for quick assistance.
Authors
Written by Nithya, Reviewed by Karan Mehta. Last updated on May 29 2024, 10:21 AM
Karan MehtaB.A. LLB (Hons) graduate, is an expert in IP Infringement, copyright registration, Trademark, music protection & provisional patents.
Nithya Ramani Iyera criminologist and writer, serves as the SME and manages communications at Vakilsearch. Drawing from her experience at Seasearch Intelligence and Legal domains, she enriches our content with insightful perspectives.
