Patent search India: A guide to the patent search process

The Patent Search India is an online database that helps to search for patents, trademarks and designs in India.  A patent search helps to understand the novelty of an invention. The world is moving forward to innovativeness; hence, protecting your intellectual property is essential. An entrepreneur, business owner or inventor; a patent search becomes crucial to know whether the idea is already patented or not.

Keeping in mind the growing field of innovations in India, filing a patent is significant for securing your intellectual property. Sounds interesting, right? Let’s explore this guide to know the importance of patent search in India.

What does the word patent mean?

Before jumping into the context of patent search India, you need to know what patents stand for.  You can call patents as one of the most popular and important types of Intellectual Property Protection in India. Patents are used for protecting a vast range of products across various industries in India.

To enforce this protection legally, you have to undergo a patent search process through the database of patent search India. For example, you have invented a formula that works best for Indian skin problems.

Registering your innovation under a patent will grant you legal protection. You can also get recognition from the government of India for becoming an inventor.

What is patent search India?

If you are thinking what patent search India refers to, let me tell you: Patent Search India is the database (Also known as InPASS: Indian Patent Advanced Search System). This is managed by the Indian Patent Office (IPO), which gives public access to record of patents. By searching in this database, you can have a glance at granted or pending patents in India. 

The Types of Patent Search  can be conducted on Patent Search India

(i) Patentability Search (PAS) or novelty search

• Patentability search is also known as “Novelty Search” in the spectrum of patent search conducted via database patent search India
• You must perform this step during the development of an invention

(ii) Freedom to operate or FTO

• FTO search, or clearance search, or right to search, you must conduct before launching a new product
• In this case, remember that FTO search is limited to patents ‘in-force’
• As a business person, you must relate the FTO search to the country or region you want to operate in

(iii) Invalidity /validity search

• In patent search India, an invalidity search helps you determine whether your invention is valid or not in the context of prior art
• As the name suggests to you, invalidity search or validity search assists you in understanding whether to validate or invalidate the claims of a patent

(iv) State-of-the-Art Search

• This is the most general kind of all the patent searches.
• State-of-the-art search is like a market survey to help you to understand the existing technologies

What is the need for searching patents beforehand?

If you have read so far and are still thinking, why would you conduct a patent search on Patent Search India? Let me tell you:

1. For identifying novelty;  you need to know whether your idea is truly unique or not. If your idea is already patented, you might not be eligible for a patent
2. A patent search through patent search India helps you to avoid infringement. Moreover, copying someone else’s patented idea might lead to legal battles
3. Why waste your hard-earned money on legal battles? Additionally, by identifying the limitations early on, a patent search on patent search India saves time and money
4. Searching in patent search India further helps to strengthen your application by making it more unique

Who conducts a patent search?

Anyone who is planning to file a patent application should conduct a patent search online at Patent Search India:

•   Individual Inventors: Are you an inventor? Do you have the magical solution that can solve the problems in any specific industry? A patent search through patent search India can confirm the protection of your invention.
• Startups and Entrepreneurs: Hello, Entrepreneurs! Planning to patent the product under the name of your business? In conclusion, before investing in the process, a patent search can save you from future legal challenges.
•   Corporations: Are you a company owner? Is your R&D team conducting a new invention? A patent search process in Patent Search India helps to ensure no existing patents infringe upon their work.

How to conduct a search through patent search India?

Opting for a patent search process through patent search India? The steps below are simplified for you for a seamless patent search:

 1: Firstly, visit the official InPASS database at https://iprsearch.ipindia.gov.in/publicsearch

 2: Secondly, you have to choose the advanced search options like keywords, applicant or inventor name, IPC/CPC classification, title, abstract, claims, date ranges, and so on.

3:  Now look for similar inventions using Boolean operators and wildcards for thorough results as a part of the patent search process

 4:  Moreover, you have to review the full documents, including abstracts, claims, specifications, and drawings, to assess the scope.

Here is some added information for you: For comprehensive prior art (global novelty), consider supplementing with databases like Espacenet, Google Patents, or PATENTSCOPE.

Benefits of patent search in patent search India

Searching for patents through patent search India can benefit you in several ways:

?  Helps you to understand the uniqueness of your invention.

?  The search results in the patent search process help you to understand the patentability of your innovation

?  Saves time and resources, as the application for a  patent can be time-consuming and expensive

Required Documents and Fees in Patent Search India

You don't need any documents to conduct a patent search. Yes, it is that easy! Through Patent Search India (In PASS), it’s absolutely free and publicly accessible.

Below is the list for you to file a patent application

• Form 1 and 2 for specification
• Drawings (If any)
• Form 5 for Delecrataion
• Form 26 (Power of attorney), if you are opting for an agent
• Proof of right (If needed)
• Fees

Final Thoughts

Conducting a patent search via patent search India is an essential process for patent registration. It ensures that your innovation is unique on its own. By registering for patents, you can avoid legal problems. Remember that patent registration is not just about legal protection. It is about securing the future of your invention.

FAQs

1. How long does it take to get a patent in India?

In India, typically 2-4 years are needed for normal examination, depending on objections and responses. Secondly, with expedited examination (available for startups, and so on), it can be 1-2 years or less. Recent improvements have shortened pendency.

2. Can I file for a patent without conducting the patent search on Patent Search India?

Yes, because it is not mandatory to conduct a patent search before filing for a patent. However, a patent search on Patent Search India is highly recommended for avoiding any sort of legal complications.

3. How long will my patent be valid in India?

In India, your patent is valid for 20 years.

4. Can I renew my patent once the term is over?

No, unfortunately, you can’t renew your patent after 20 years. Thus, you have to pay the maintenance fees for 20 years to keep it active

5. If I am getting a patent in India, will it be valid globally?

Unfortunately, no. The invention you have patented in India is not valid globally.

Disclaimer

This article is for informational purposes only and does not constitute legal advice. Online Legal India is a digital platform. If you require legal assistance, we strongly recommend consulting a qualified lawyer or law firm.