All You Need to Know About Starting a Company
What is a Patent Search?
A patent is a right approved to an individual or enterprise by the government to ensure that the patented invention cannot be made, used, sold or distributed at commercial scale without the consent and knowledge of the owner of the patented product. To have your invention patented, you need to provide every minute detail related of your invention.
Before granting such a powerful right, you need to make sure the originality of the invention. 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 applicant's invention. This is also known as a prior art search.
6 Essential Facts on Patent Search
What is a patent?
A patent is a right approved to an individual or enterprise by the government to ensure that the patented invention cannot be made, used, sold or distributed at commercial scale without the consent and knowledge of the owner of the patented product. To have your invention patented, you need to provide every minute detail related of your invention.
What is a patent search?
A patent search is a preliminary process for filing/applying for a patent. Before granting such a powerful right, you need to make sure the originality of the invention. 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 applicant's invention. This is also known as a prior art search.
Why is a patent search essential?
Thousands of applications are filed for patents every year. But all of these do not get approved by the authorities. The reasons for rejection of many applications are similarity with other inventions/applications, no originality and innovation in the steps involved. Therefore, it is best to conduct a patent search in advance so that you do not waste time in drafting and filing of the application.
What is inPASS?
In India, a patent search is performed by the Indian patent advanced search system or InPASS which was introduced in 2015. InPass permits a full text search of all patents and applications that have been registered in the country. Thousands of applications are filed for patents every year. Hence, an official database is much needed to make sure no duplicate patents on similar or same products/applications are granted. So, the patent search is a process to search the complete database for finding a patent similar to the one we are going to file an application for.
What are advantages of a patent search?
There are two major advantages of a patent search. First one is test of originality and inventiveness. Before drafting and filing an application for a patent, it is practical to do a search to check the originality and inventiveness of your invention. It will help you to have clear mindset of what are the chances of your patent to be granted. You may be very well equipped with knowledge of what has already been used at a commercial scale, but still there is a possibility that a competitor may have patented similar to yours and have not started using it.
Second one is improved Chances of approval. If you know in advance that a patent has been granted to a product similar to yours, you will have a chance to frame your application in a better way which will reflect how your invention is different.If there is a public search function, why hire an expert?
The public database is quite simple and easy to work with. However, the patent search will require an expert in the field to understand the details. The patent experts will improve the accuracy and help in speeding up the patent search process.
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GuideSkillAdvantages of Patent Search
Test of Originality and Inventiveness
Before drafting and filing an application for a patent, it is practical to do a search to check the originality and inventiveness of your invention. It will help you to have clear mindset of what are the chances of your patent to be granted. You may be very well equipped with knowledge of what has already been used at a commercial scale, but still there is a possibility that a competitor may have patented similar to yours and have not started using it.
Improves Chances of Approval
If you know in advance that a patent has been granted to a product similar to yours, you will have a chance to frame your application in a better way which will reflect how your invention is different.
Patent Search Process
- You are required to fill in us with details related to the patent search like uses of the invention, benefits over existing products or processes and its publication in a recognised journal, if any. You should provide a very specific and wide information because it will make the search process very easy.
- A patent attorney will work on your case and conduct a thorough search of the patent database. The time taken to conduct this search completely depends on the scope of the invention, the industries it is applicable to and the number of similar existing products. Once we get the confirmation that the product is patentable, our attorney will draft your application and make sure that the application will provide the specific and wide details of your invention to have a better protection to it.
