A Complete Guide on the Procedure for Patent Search in India

Procedure for Patent Search in India
Karan Singh
| Updated: Mar 19, 2021 | Category: Patent

In India, an invention or creation requires an in-depth search and analysis to verify its innovation. Many big organisations, Small-Medium Enterprises, researchers, etc., conduct Patent Searches in India in leading Patent Database to determine the originality of their inventions. But before conducting a Patent Search, you must know the procedure for Patent Search in India. Patents comprise legal and technical information. Following are some reasons an organisation need to conduct a Patent Search in India:

  • R&D: The Patent Search helps an organisation determine new and advanced technology or improve existing processes or products.
  • Financial: Patent Search helps to avoid needless money spent on innovations before investing in the area of technology.
  • Marketing: Many organisations in India need to collect information regarding new patents filed in a specific technology area, originators, alive or expired patents, and so on.
  • Patentability: They need to conduct a patent search to check the originality of their innovation or creation.
  • Legal: Patent Search in India defines the possible infringers and find opportunities for licensing.

Hence, conducting a Patent Search in India is essential for any organisation to describe IP strategy, define state of the art, check for liberty to operate before moving into the market, and finding possible infringers for the purpose of filing lawsuits or earn revenues. In this blog, we discuss Patent Search and the procedure for Patent Search in India.

What is a Patent? – An Overview

Before we discuss the procedure for Patent Search in India, let first understand the term Patent. A Patent is a special right conferred on a legal company or individual to eliminate others from using, making, and selling the patented creation or innovation for a limited time. So before starting Patent Registration in India, you need an in-depth search of a patent in a Patent database. The Patent can be a designed Patent or Utility Patent. Design Patents are granted for novel and ornamental design of manufacture, whereas Utility Patents are granted new and helpful articles, machines, processes, and any developments or enhancements. The utility Patent safeguards the method an article is formed and uses whereas, the design Patent safeguard only the ornamental appearance of the invention.

Five Different Patent Search Strategies in India

It is essential to recognise the primary purpose of the Patent Search strategy before starting the procedure for Patent Search in India. The Patent Search can be accomplished on both commercially subscribed and other data sources available online. Some of the noticeable patent databases are Espacenet, Google Patents, Free patents online.

Following are five different Patent Search Strategies that you must know before the procedure for Patent Search in India:

Five Different Patent Search Strategies in India
  • Citation Based Search: A Patent document has forward citation or quote (references cited by present Patent document) and backward citation (references cited by the Patent document). The attorney always considers both backward citation and forward citation. Citation is referenced to the earlier technology and can be extracted by using Key String Search and Patent Classification Search. After that, examine the quoted documents to discover more references and search-related references among the citations to carry out a citation search for the relevant patent documents.
  • Key String Search: This search strategy involves different keywords to conduct the search in Patent databases. The search comprises keyword identification that describes the locating terms, invention that is identical to the words in the invention and forms Key Strings that are used in the search query in the database.
  • Inventor Based Search: This search involves take out a list of inventors from the relevant documents and adding a query in the Patent database busing the name of the investor.
  • Patent Classification Search: In this search, Patents are categorised on the basis of technical content so that the particular technology area can be acknowledged easily. One has to recognise one or more classes that are related to the invention. There are several classifications allotted to the Patent applications such as IPC, CPC, US a Patent Classification and European Classification (ECLA). The IPC codes can be known by using some catchy words that relate to the invention. Moreover, IPC codes produce a huge amount of data and produce a wider scope. But, the number of results can be reduced by containing wider keywords. Thus the search is usually used for Patent examiners as they require to upgrade the search and identify significant patent specifications.
  • Assignee Based Search: Assignee Based Search is conducted by removing a list of assignees from the relevant Patent databases. Then add the name of the assignee in the databases to collect all the information regarding the assignee who has granted Patents for their inventions. There might be some cases where there is less number of patents or may be more number of patents to their name.

What is the Online Procedure for Patent Search in India?

Following is the step by step online procedure for Patent Search in India:

  • Go to the Official Website: The first step of the online procedure for Patent Search in India is to visit the official website.
  • Select Patent Search: Now, the applicant will redirect to a new page where the applicant will find four tabs names as:
  1. Patent Search;
  2. Patent E-register;
  3. Patent Application Status;
  4. Help

The applicant needs to choose the option “Patent Search”.

  • Select the Preferred Publication: An applicant can do a Patent Search for two different publications names “Granted Patents” or “Published Patents”. After choosing the type, you have to click on the categories as mentioned below:
  1. Application Date;
  2. Title;
  3. Abstract;
  4. Claims;
  5. Description;
  6. Application Number;
  7. Patent Number (for Granted Patent);
  8. Name of the Applicant;
  9. Inventor Name;
  10. Inventor Country;
  11. Inventor Address;
  12. Filing Office;
  13. International Patent Classification or IPC;
  14. PCT Application number (which is applicable to the National Phase Application).
  • Keyword Research: Once all the categories mentioned above are done, the applicant requires to conduct Keyword Research by using the relevant keyword. Once the search is done, the result will show the application number along with other details, as shown below:
  1. Specifications;
  2. Bibliographic Data;
  3. Patent Status.
  • Inventor Name Search: InPass permits the inventor to conduct a search by providing the inventor’s name.
  • Patent Application Status:  An inventor or applicant can view the information about the Patent in an Abstract Column. Additional, the applicant also checks the Patent Application Status as well.
  • Patent E-register: After all the above steps, the applicant needs to go back to the website’s homepage and click on this link, i.e. https://ipindiaservices.gov.in/PublicSearch/PublicationSearch/Eregister and After that, the applicant needs to select the “Patent E-Register” button. After choosing this option, the applicant needs to enter the login details along with the Captcha code given. The applicant or an inventor can check the status of the Patent Application, renewal date, and other essential details.

Conclusion

Indian Patent Search System or In Pass is one of the essential tools available for Patent Search in India. Before registering your Patent, it is essential to know more about the procedure for Patent Search in India. Also, this tool helps the inventor or applicant by saving cost and time. And it is advisable to take expert help because they will guide you in the process of Patent Registration and Patent Search in India.

Also, Read: Indian Patent Search: Concept of Indian Patent Search System

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Karan Singh

A legal writing enthusiast, a wanderer, and a zealous reader. After gaining a lot of knowledge about the diverse legal topics and developing research skills, Karan joined the league of legal content writers to deliver quality-rich blogs.

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