A patent gives the owner of a said invention/creation the right to prevent others from manufacturing/misusing/importing or selling his or her invention/creation without prior approval. Before such a right is granted, a rigorous check is done to ascertain
- Whether the process or product is truly inventive
- This novel hasn’t been anticipated in any published document
- It is industrially applicable and is of utility value
This process involves a search of the intellectual property regulator of India’s database, to ascertain whether there exists an object/invention that is similar to the applicant’s invention.
PROCESS OF A PATENT SEARCH
A patent is a legal document that gives the owner of the patent, the right or authority over a particular field of research/invention/any other process. To do a patent search the below mentioned steps are followed:
- A patent attorney does a detailed search through the patent database.
- The patent lawyer will assess the inventiveness of the product/research etc through a comparison with similar works
- The patent attorney will then inform the applicant, whether or not they should go ahead with the application.
BEEFITS OF A PATENT SEARCH
1) THE TEST OF INVENTIVENESS
Before an applicant pays the government fees for a patent, it is always wise to do a search to test the inventiveness of the product or process. This is the only way for an applicant to ascertain whether his or her patent will be granted. While an applicant may be aware of a product’s commercial uses, it is quite possible that a competitor has patented a product or process similar to the said applicant but hasn’t started selling or using it.
2) A PATENT IMPROVES THE CHANCES OF APPROVAL
An application for a patent is to be framed in a manner, which clearly states, how this application is different from a previous application in the same domain.
REQUIREMENTS FOR PATENTING INVENTIONS/CREATIONS/PROCESSES
- The details about the art/process/method or manner of manufacture
- The details about the machine/apparatus or other articles
- The substances produced by manufacturing
- The computer software with technical application to industry/or used with hardware
- The product patent for food/chemicals/medicines and drugs
IMPORTANCE OF A PATENT SEARCH
Each year, patent authorities get countless patent applications. A lot of these applications are not approved by the authorities. The reason for that could be; similarities may have been found in inventions/applications or the steps involved in the invention, thus it is 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.
DOCUMENTS REQUIRED FOR FILING A PATENT IN INDIA
- The complete specification must be filed in English
- All the drawings have to be submitted
- The name address/nationality of the inventor/inventors
- The name/address/nationality of the applicant/applicants
- The power of attorney has to be submitted, if the application is filed by a patent agent
- The assignment deed/application form which must be endorsed by the inventor/inventors. This is the case, if the application that hasn’t been made by the inventor/inventors
- All the details of the corresponding applications that have been filed in other countries (Information and undertaking under Section 8)
- The verified English translation of the priority application. This is required for convention applications
- The verified English translation of the PCT application. This is needed only for national phase applications. A patent agent can verify the English translation of PCT application on behalf of the applicant/applicants
- The certified copy of the priority application, if such is required by the Controller. This is needed mainly for convention applications, but may also be requested for national phase application, in case the priority document has not been filed with the International Bureau
- The sequence listing in computer-readable text format (if any). No print form is needed to be submitted
- Permission from the national biodiversity authority. This is the case, if any biological material/materials were used in the invention/creation comes from India
BENEFITS OF HIRING A PATENT EXPERT
Although the patent database is simple to operate, the actual process of the patent search requires an expert in the field. A patent agent/patent attorney helps to improve the accuracy of the application and speeding up the search process. A thorough patent search helps an individual decide, whether he or she wants to go ahead with the patent application or not. This search also helps to identify areas which will be of interest to investors and competitors
DEFINITION OF INPASS
In India, a patent is provided by the Indian Patent Advanced Search System (INPASS). This was first introduced in 2015. INPASS allows an applicant to do a full text search of all patents and applications that have been registered so far in India. Each year, several companies/ individuals file for patents for their inventions/creations. Thus, an official register or database is maintained to ensure there is no duplication of patents on similar products/applications. The patent search is used to ascertain if any company/individual has filed for a patent for an application which may be similar, to the one for which patent is being sought. INPASS is the database where all patents and patent applications are stored. INPASS provides a detailed account of all the patents in the area of research. This help to analyze if it is indeed worthwhile for an inventor to file for a patent registration.
PUBLICATION IN A RECOGNISED JOURNAL
An inventor needs to send in all the details regarding the Patent Search, which include uses of the invention, the benefits over existing products or processes and its publication in a recognised journal, if any to the respective Patent authority.
Our team of patent experts at ACE ALLIANCE will help you with your patent request, and help you conduct a thorough search of the patent database. Once the Patent Search confirms that your product or process is innovative/unique, our team will begin the process of filing the patent application.