Patent Search India

Patent Search India enables a rigorous check of your product or design before granting a patent.

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Patent Search India

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.

Benefits of a Patent Search India

Test Of Inventiveness
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.
Improves Approval Chances
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.

Documents For required for Patent filing 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 National Biodiversity Authority (in case any Biological material used in the invention is from India).

Why Is A Patent Search Essential?

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.

Checklist For Patenting Inventions

  • Art, process, method or manner of manufacture,
  • Machine, apparatus or other articles
  • Substances produced by manufacturing
  • Computer software with technical application to industry or used with Hardware, and (5) Product patent for food, chemicals, medicines, and drugs.

FAQs on 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.

20 years from the date of filing for a provisional or permanent patent, the patent falls into the public domain.

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.

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1. Fill Form
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