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Indian Patent Search: Concept of Indian Patent Search System
Shivani Jain
| Updated: Aug 14, 2020 | Category: Patent

Indian Patent Search: Concept of Indian Patent Search System

The term “Indian Patent Search” denotes an exclusive right to use, make, sell, modify, import, and offer for sale newly invented processes and articles to the inventor. It is a step before Patent Registration. An inventor cannot obtain Patent Registration in India without a valid Patent Search.

In this blog, we will discuss the concepts of the Indian Patent Search and Indian Patent Advanced Search System.

Concept of Patent Registration

The term “Patent” denotes legal protection to the newly made invention of the Inventor. That means it acts as a shield against infringement. However, one can apply for Patent Registration only after fulfilling the criteria of Patentability Search.

The Indian Patent Office has the authority to issue Patent Registration in India.

Further, the main reason behind the Patent Registration is that it provides Monopoly and Control to the owner or inventor over his/her Invention.

A Patent Registration remains valid for a period of 20 years, starting from the date of filing of the Permanent Patent.

Concept of Patent Search

The term “Patent Search” denotes a search of published patent applications and issued patents. That means it is a step before applying for a Patent Registration in India. It grants ownership for a period of 20 years.

Further, a Patent Search provides “Prior Art” references to the Inventor. The expression “Prior Artdenotes anything which is available in Public Domain, whether patented or not.

Therefore, the process of Patent Search helps the inventor to check the novelty of his/her invention before applying for Patent Registration.

Benefits of Indian Patent Search

Benefits of Indian Patent Search

The Benefits of doing Indian Patent Search are as follows:

  1. Provides Monopoly Advantage;
  2. Assists in Receiving Royalty;
  3. Helps in Selling or Licensing the Patent Right;
  4. Offers Global Recognition;
  5. Increase Brand Image and Goodwill;
  6. Results in Raising Capital;

Facts to Consider regarding Patent Search in India

The importance of Patent Search in India can be summarised as:

  1. It is advisable to check Patent Availability through Indian Patent Advanced Search System (InPASS)[1] ;
  2. Always Hire IPR professionals for the process of Patent Search in India, as it requires detailed and comprehensive research;
  3. Patent Search assists in determining similar inventions. Moreover, it aids in forming a basic idea concerning the uniqueness of investments as well;
  4. It assists in differentiating one invention from others;
  5. Patent Search is a Time-consuming process, but make sure that a patent is well protected;
  6. This process helps in determining the inventions of similar nature;
  7. It helps in saving both time and money of the inventor, as it shows the applicant the patents already registered;

Concept of Indian Patent Advanced Search System

The term “InPass” stands for Indian Patent Advanced Search System. It was introduced in the year 2015. This robust mechanism allows a complete text search for Patents in India.

Prior to InPass, the Indian Patent Information Retrieval System (IPAIRS) was in force. The reason behind the shift was that IPAIRS was ineligible to provide a full-fledged research facility.

However, InPass allows an in-depth Patent Search. This database not only assists in conducting an advanced patent search but publishes applications separately as well.

Further, an applicant must conduct an online patent search before filing the Patent Registration in India. Furthermore, it is noteworthy to note that the search interface of InPass is similar to WIPO’s User-Friendly Search.

Lastly, InPass allows filtration of search results on the basis of Assignee’s name and application date.

Online Procedure for Indian Patent Search

Online Procedure for Indian Patent Search

The steps involved in the Process for Indian Patent Search are as follows:

Visit the Official Website

 In the first step, the applicant needs to visit the Official Website and click on the link highlighted in the provided in the Image.

Visit the Official Website

Select Patent Search

Now, the applicant will be redirected to a page, where he/she will find four tabs named as following:

  1. Patent Search;
  2. Patent E-register;
  3. Patent Application Status; and
  4. Help;

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

Select Patent Search

Select the Desired Publication

An applicant can do Patent Search for Two Publications named as “Published Patents” or “Granted Patents”. After choosing the type, the applicant needs to click on the categories given as follows:

1. Application Date: Applicant can choose from the series of dates available 2. Title
3. Abstract 4. Claims
5. Description 6. Application Number
7. Patent Number [For Granted Patent] 8. Applicant Name
9. Inventor Name 10. Inventor Country
11. Inventor Address 12. Filing Office
13. IPC (International Patent Classification) 14. PCT Application number (applicable for the National phase application)

Keyword Search

Once all the categories are done, the applicant needs to conduct a Keyword Search by using the relevant keyword. After the completion of the search, the results will display the application number together with other details as follows:

  • Bibliographic Data;
  • Specifications; and
  • Patent Status

Inventor or Applicant Name Search

InPass allows the applicant to conduct a search by providing the name of the applicant or inventor.

Status of Patent Application

An applicant can view the information concerning Patent in an Abstract Column. Moreover, he/she can view the status of the Patent as well.

Patent E-register

Now, the Applicant needs to go back to the homepage and click on the link displayed. After that, he/she will be redirected again to the page of 4 tabs. Out of 4 the applicant needs to select the second option saying “Patent E-register”.

After choosing the option, the applicant requires to enter the login credentials, along with the Captcha given.

The applicant can now view the status of his/her application, renewal date, and the other required details.

Patent E-register

Things to Consider for Patent Registration

For obtaining Patent Registration in India, the applicant must make sure that the invention is new and novel. That means no patent of similar nature is registered. Moreover, the invention should be of an inventive, useful, and unique in nature. This will, in return, assist in the process of Indian Patent Search.

Conclusion

InPass or Indian Patent Search System is one of the best tools available for searching patents in India. It assists the applicant is both time and cost-saving.

Further, as we know that Patent Search is the most crucial part of the Process of Patent Registration, that’s why it is always advisable to take professional assistance.

Reach out to Swarit Advisors. We have a team of proficient IPR experts who will guide you in the process of Patent Registration as well as assist you in the process of Patent Search and Provisional Patent.

Also Read: Procedure to obtain Patent Registration Certificate
Shivani Jain

Shivani has completed her B com LLB (Hons) and has the experience of writing various research papers during her college time. Earlier she was working as an Associate in a Delhi based Law Firm, but her interest in writing made her pursue Legal Content Writing as a career. Her core area of interest is in writing about various legal enactments, tax, and finance.

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