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Patent Search in India

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Indian Patent Search – Overview

With the help of a patent, the owner can stop others from making, utilising, importing, or commercialising their invention without their consent. A thorough Indian Patent Search investigation is done to ensure that the developed system or process is original before granting a patent. To do Indian Patent Search, the patent authority of the country’s whole database must be searched for a specific project that is identical to the applicant’s discovery.

A patentability search entails looking through the patent database to find patent applications that are identical to or comparable to the invention being patented. To increase one’s chances of receiving a patent registration or to find out about patentable innovations, one might perform a patent search.

Pros of Patent Registration in India

Patent filing in India provides significant advantages.
  • The patent is a form of incentive to provide exclusive rights to the inventor. When applicants receive a patent, they enjoy complete rights over their invention. This protects the invention from being copied or used illegally without the inventor’s permission
  • The registered patent can be used as intellectual property by the inventor. The inventor has the right to transfer the patent or sell it as per their will. The patent holder can effectively protect their rights
  • Patents being a form of intellectual property, can be sold, brought and leased out as per the holders will
  • The patent holder can also transfer it in the form of an asset or property to another person
  • A patent-protected commodity improves a particular perception from the masses and propels the business. Having a patent provides rights for the company to charge a premium amount for their commodity
  • The holder gains significant power for 20 years and more by registering a patent.

What Are the Steps Involved in Registering a Patent in India?

If you have invented something new or have improved an existing invention, consider registering your patent in India. The Indian Patents Act allows for the grant of a patent for any new invention involving an inventive step capable of industrial application.

For Indian Patent Register , you must file a patent application with the Indian Patent Office. The application must include a description of the invention and claims defining the scope of protection sought. You will also need to pay the prescribed fees. Once your Indian Patent Register application has been filed, it will be examined to ensure it meets the required criteria. If it does, your patent will be granted and published in the Indian Patent Gazette. Your patent will then remain in force for 20 years from the date of filing your application.

Documents Required for Patent Registration in India

For patent filing in India, the following documents are mandatory

  • Detailed specifications (in English)
  • Diagrammatic representation of your inventions
  • Names, addresses, and nationalities of the inventor
  • Applicants’ names, addresses, and nationalities
  • If the application is filed with the help of a patent attorney, then the legal authority should be submitted
  • The signature of the inventor has to be present on all the assignment dates and application form
  • Along with this data, all the information regarding similar applications filed in different countries has to be provided
  • The priority application is to be verified in English (required for convention applications)
  • And a verified PCT application in English should be submitted. A patent agent can also conduct the verification on behalf of the applicant
  • Any form of priority application should be provided at the controller’s request. This is technically followed for convention applications, but in some cases, it is also used for national application
  • List of sequences in computer-readable text format (if any) (There is no need to submit a print form)
  • If the patent involves any form of biological material, it should provide return permission from the national biodiversity authority.

How to Search Patents Online?

  • First, go to the Controller General of Patents, Designs, and Trademarks (CGPDTM) website, which is the Indian patent office
  • Click on the ‘Patents’ tab on the top menu bar and select ‘Online Patent Search’ from the drop-down menu
  • Online Patent Search will be taken to a page with two search options-‘Basic Search’ and ‘Advanced Search’
  • Select ‘Basic Search’ for a simple search and enter your keywords in the search box provided
  • You can also narrow down your free patent search online results by selecting options from the drop-down menus for the field of search, type of document, status, etc
  • If you want more control over your search results, choose ‘Advanced Search’. Again, enter your keywords in the search box provided and select options from the various drop-down menus to narrow down your results
  • You can also specify whether you want your keyword(s) to appear in the title, abstract or whole document using the radio buttons below the search box
  • Once you have entered your keywords and chosen your options, click ‘Search’ to get a list of patents matching your criteria.

Note: Searching for patents is a complex yet crucial process and determines the patent registration timeline. It is highly recommended to avail expert assistance from KhataDekho. Our team of dedicated patent experts will conduct a free Patent Search online and also provide assistance with the patent registration process.

Timeline

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Frequently Asked Questions (FAQs)

Prior art is information widely known before a U.S. patent application’s effective filing date. Published prior work may be in print or digital form. It is common to mention websites, social media platforms, and numerous other online publications as reliable prior art sources.
A patentability search is conducted to find patents and non-patent publications that may impact an invention’s ability to get a patent. This search is sometimes referred to as a pre-application search because it is advised to applicants to conduct it before drafting and submitting the patent specification.
Patents might be of the Utility, Design, or Plant varieties. Anyone who creates a new, useful process, machine, manufactured goods, composition of matter, or any new, beneficial improvement, may be eligible to receive a utility patent. Utility applications make up most of the patent requests submitted to the USPTO. Anyone who creates a brand-new, distinctive, and ornamental design for a manufactured good is eligible for a design patent. Anyone who creates or discovers a brand-new variety of plants and asexually reproduces them may be awarded a patent.
 

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