A patent gives its owner the right to prevent others from making, using, importing or selling the invention without approval. Before such a right is granted, there obviously is a rigorous check on whether the process or product is inventive (i.e. isn’t obvious), novel (hasn’t been anticipated in 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 applicant’s invention. This is also known as a prior art search.
Advantages of Patent Search
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 what has already been shown to have 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
Note that even similar products or processes, if already patented, could cause your application to be rejected. If a patent has been granted to a product or process similar to yours, you would be able to frame your application to reflect how yours is different.
Patent Search Process
9 Working Days
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. Try to make these details specific, as this would ease the search process.
7 Working Days
A professional, our affiliate, 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 an innovation, you can begin filing the application.