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A patent grants the owner the right to restrict others from creating, using, importing, or selling his or her invention without permission. Before such a right is granted, a thorough examination is performed to see whether the procedure or product is original, novel (and has not previously been predicted in any published document), and industrially applicable (possesses utility). It involves searching the database of India’s intellectual property authority to see if there is an object or invention that is the same as or comparable to the applicant’s creation.
The way you search for patent information will depend on your purposes and what you know already. Your search can be centred on the appropriate technology, the markets you are interested in, or possibly what your competitors have preserved.
To make searching more comfortable, every patent is divided by it’s subject matter. Patent classification schemes have a tree-like structure, and all level of classification has a different reference code. Inventions are classified into technologies Example: – “Engineering” has been divided into classes like mechanical engineering and then into subclasses like machines or equipment. Patent classification is a hierarchical system that incorporates a patent according to the state of technology it falls into. It performs managing and searching patents that fall into the identical technical group or sub-group.
There are various patent classifications like the International Patent Classification, Cooperative Patent Classification (CPC), etc.
Classification codes can be a helpful tool when examining inventions. Keyword searches alone can lead to very large numbers of results. Using classification codes collectively with keyword searches can assist you to get focused results.
Usually, searchers will make a list of keywords that define the invention and recognize appropriate classification codes. Top-level classifications are helpful when the same term can be used to define an invention in varying technological fields. Lower order classifications can be helpful to narrow a search where a huge number of documents are reclaimed.
Every year, patent authorities get thousands of patent applications. Not all applications are approved by the authorities. The reason for this is that there are other similar inventions/applications or methods involved in the invention that are 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 already 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.
Publication In A Recognized 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 recognized journal, if any.
Patent Search
Our legal specialist will take your request and search the database thoroughly. The time required to do this search would be determined by the extent of the innovation, the industries to which it is applicable, and the number of similar current products/processes. Once the patent search reveals that your product or procedure is novel, we will commence the application filing process.
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 and industrially applicable. 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.
The details of the invention can be shared on a CD or a pen drive, along with its name, comparison with existing products, uses, and date of publication (if any). Applicant information is also required.
A patentee must disclose the invention in the patent document for anyone to practice it after the expiry of the patent, or practice it with the consent of the patent holder during the life of the patent.
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.
Yes, the Indian patent office has implemented an online patent application submission method.
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