Overview of Patent Search in India
The term Patent Search signifies a process of searching patent online. The same can be done by using an e-portal named InPASS (Indian Patent Advanced Search System). This online portal assists the applicant is retrieving information concerning both granted and pending applications.
An applicant by undergoing the process of Patent Search, will not only save his/ her time and money but will check the uniqueness and accuracy of the invention as well. Also, the same will provide information to the inventor whether he/ she can use an invention commercially without infringing other’s right or not.
Concept of Patent
The term Patent signifies an exclusive right which is conferred on a person, regarding the use and sale of an invention for a certain period. It helps the inventor in protecting his/ her invention against patent infringement.
Further, the authority to check the availability of a patent against the existing patent is with Patent and Trademark Office.
Also, it shall be considerate to take into consideration that the patent registration does not guarantee lifetime protection and remains valid for a period of 20 years. Once the period of 20 years has expired, the said patent will then fall under the public domain.
Concept of Indian Patent Search System
The online portal named InPASS or Indian Patent Advances Search System was introduced in the year 2015. InPASS is an updated version of IPAIRS (Indian Patent Information Retrieval System), and facilitates a full text search mechanism for the Patents in India. It allows a person to undergo the process of Patent Search by using Wild Cards and Boolean Operators as well.
Also, it shall be noteworthy to take into the consideration that the interface of InPASS is very similar to the WIPO’s user friendly search. It allows an applicant to filter out the search results based on the Name of the Assignee, Date of Filing Application, etc.
Benefits of Patent Search in India
The benefits of undergoing the process of Patent Search in India are as follows:
- Offers Monopoly Advantage;
- Enables Receiving of Royalty;
- Allows Selling or Licensing of Patent Right at any time;
- Provides Worldwide Recognition;
- Assists in Raising Capital;
- Ensures Safety of Invention;
Basis for Searching Patents in India
The basis for searching patents in India can be summarised as:
- Non Obviousness;
- Industrially Applicable;
- Feasible for General Public;
Procedure for Patent Search in India
The steps involved in the procedure of Patent Search in India are as follows:
- Visit the Official Portal
In the first step, the applicant needs to visit the official portal at https://ipindiaservices.gov.in/publicsearch for searching patent. Now, select the option Patent Search, out of the four options available.
- Select the Desired Application
An applicant can conduct the process of Patent Search for the two types of publications as follows:
a) Granted Patents, or;
b) Published Applications;
After selecting the type of publication, the applicant needs to fill in the information in the tabs as follows:
a) Application Date;
f) Application Number;
g) Patent Number;
h) Applicant Name;
i) Inventor Name;
j) Inventor Company;
k) Inventor Address;
l) Filing Office;
m) International Patent Classification;
n) PCT Publication Number;
Now, enter the provided captcha, and click on Search.
- Keyword Search
Once all the categories are filled, the applicant can start the process of search by using the relevant keyword. After the completion of the process, the result will be shown, together with the details as follows:
a) Application Number;
b) Application Date;
c) Bibliographic Data;
e) Patent Status;
- Inventor Name Search
InPASS assist people in the process of search, as they just need to enter the name of the inventor or applicant.
- Status of Patent Application
An applicant can check the status of his/ her patent application in the abstract column.
- Patent E-register
An applicant can check the status of his/ her application by selecting the second option, named Patent E-register, out of the four available and entering the provided credentials.
Patent Search FAQs
The advantages of Patent Search include monopoly and competitive advantage, and worldwide recognition.
The basis for conducting a patent search in India includes Novelty; Uniqueness; Non-obviousness; Industrially Applicable; and Feasible to the general public.
A Patent has a validity of 20 years. That means after that, it falls under the public domain.
The term Patent Search denotes the process to determine similar invention and value addition in the Patent Application.
WIPO Patent Search or USPTO Patent Search can assist in conducting searches in India.
Yes, it is necessary to conduct Patent Search to know about the existing patents.
The term “Industrial Applicability” denotes that an invention is practically feasible. However, the invention should be of such nature and type, which can be easily used in any kind of industry.
A new invention that includes innovative and inventive steps can be patented in India.