What is a Patent Search?
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 !
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.
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.
How Vakilsearch carries out its Patent Search Process
Publication In A Recognised Journal
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.
Patent Search
Your Vakilsearch legal professional 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 innovative, you can begin filing the application.
Documents For required for filing a Patent in 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).
