Read The Benefits of Patentability Search
A patent grants its owner the exclusive right to make, use, alter, sell, offer for sale, or import newly conceived goods or processes following the completion of a search for patentability that meets the predetermined requirements. The ownership of a patent is granted for a period of 20 years.
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A patent gives its owner the power to legally bar anyone from creating, utilizing, importing, or commercializing their innovation without their permission. The novelty, uniqueness, and industrial applicability of the technique or product are thoroughly examined before granting such a license.
It comprises searching the database of the Indian intellectual property authorities for a product or innovation that is identical to or equal to the applicant’s creation. In addition to patentability searches, there are additional sorts of patent searches, such as clearance searches and searches for invalidity, and so on.
The “prior art” is scrutinized to identify comparable devices and processes that existed before the invention in order to judge if it appears to be novel and non-obvious during a patentability search.
The term “prior art” refers to all publicly available information that was made available before the filing date of a patent application, including US patents and patent applications, foreign patents and applications, web pages, advertisements, and any tangible products or previously rendered services.
Indian System for Patent Search
A patent search is the method by which the applicant conducts a comprehensive search in line with the aspects pertinent to the invention. A given patent may only cover a single innovation.
In 2015, the Indian Patent Advance Search System (InPASS) became initially accessible. This system replaced the Indian Patent Information Retrieval System (IPAIRS). InPASS is the updated and improved version for conducting any form of patent search in India, as per the standards governing patenting. Advanced patent searches may be performed using this strategy.
In India, the InPASS system must be utilized for patent search and is available at https://iprsearch.ipindia.gov.in/publicsearch.
Reasons for Patentability Search
A search for patentability commonly referred to as a novelty or prior-art search, can assist one in avoiding barriers to patent protection. Depending on the business purpose, such searches may be undertaken in single or numerous jurisdictions.
A search for patentability improves the likelihood of getting a patent grant right away. This is due to the fact that the method entails searching through sizable databases of patent and non-patent literature to identify overlaps between the claimed invention and any pending or existing patents. It discourages inventors from pursuing an existing idea because they risk having their application denied for failing to be innovative.
A patentability search offers many benefits in addition to raising the value of a patent application.
1. Evaluation of a Patent
One of the main purposes of a patent search is to ascertain whether the applicant’s invention is patentable. Additionally, the applicant would be aware that his invention qualifies for a patent.
2 Assists with Drafting
A prior art’s research and documentation, assist in the application drafting process. It is never a good idea to file for a patent with a large number of claims with broad scope since there is a considerably larger possibility that the claims will overlap with those of other patents. Therefore, it is crucial to specify claim boundaries precisely in order for the application to pass the evaluation stage.
Patentability searches are essential in assisting with this criterion. A thorough patentability search enables inventors to comprehend the present status of their invention’s patentability. This also aids in their comprehension of context-based keywords employed in earlier works. As a result, it enables the creation and implementation of a well-thought-out patent prosecution strategy.
Additionally, this search would provide a thorough understanding of what prior art entails. The applicant would also get trustworthy information on whether the application is patentable.
4. Business Leads
The applicant will surely get some form of business leads given that the patent search results are meant for public use.
5. Patent Valuation
Today, the majority of businesses have IP portfolios to manage their IP assets and are aware of the value of IP & patent valuation. In order to fully utilise the potential of the patents, patent valuation is crucial for licencing, mergers and acquisitions as well as for investment to demonstrate to the investors the strength of their company’s intellectual property.
Patentability search helps to discover the activity of the competitors in the respective domain and compare the same with their invention or the product intended to be evaluated. It also gives a clear picture of how the business in question differs from the pre-existing ones.
Altogether, patentability search proves to be an effective tool in market analysis and SWOT analysis – that is a part of the patent valuation process in the long run.
Advantages of Patent Search
Conducting an exhaustive patent search will provide the applicant with the following benefits:
1. Monopoly Benefit
The applicant who carried out the patent search would surely gain some form of competitive advantage by registering the invention. A competitor would be unable to contest the patent application. Additionally, the competitive edge the patent applicant has gained is advantageous.
2. Obtaining Royalty
One of the main arguments for registering the patent is being the original owner. The owner is also qualified to receive royalties on all patents granted to third parties.
3. Purchasing the Patent
Once a patent has been registered, anyone can purchase it for a profit.
4. Worldwide Acceptance
After registration, a patent would get global registration. The WIPO procedure for worldwide patent registration is an option for the Indian Patent Office.
5. Obtaining Funding
If a company in India has registered patents, it will be easier for it to raise capital.
Using Patentability Searches: Common Error to Avoid
Even while you can do the patent search on your own, you might not get the same outcomes that a patent attorney or expert patent searcher could. A thorough understanding of the topic is necessary to conduct an effective search, which involves more than a simple Google keyword search.
Given the higher expenses, some individuals could even believe that a novelty search is not necessary. They might be making a serious error by choosing not to even conduct this search, one they would later pay for.
Opponents frequently dispute the validity of a patent when it is at issue in litigation in an effort to avoid having to pay royalties. The patent holder would lose both his patent rights and possible income if previous art was discovered for the in question invention early on as a result of a deficiency in novelty search.
Therefore, even while a novelty search may not technically be required; it is often preferable to think of it as a viable possibility because it takes a lot of time, effort, and money to prepare a provisional or non-provisional patent application. Losing thousands of dollars by not safeguarding your bases beforehand.
Patent attorneys can save valuable time by using searches for patentability while creating patent applications. They can then utilize this time to develop a strategy for filing patents. Additionally, patent attorneys can give respective innovators a better idea of the outcome of a patent application with a thorough patentability search report.
TT Consultants provides organizations with extremely trustworthy and precise patentability searches. Our highly qualified analysts conduct patent searches using specially created artificial intelligence interfaces, which can help businesses save their expenditures by almost 33%.
We can do a patent search on your behalf using any of the databases—both commercial and free—as well as our own programme, Xlscout. Depending on your demands and goals, there are many different sorts of patent searches.
We’ve constantly identified the value of new technology carried out by our pretty skilled executive crew with backgrounds as our professionals. Like the IP professionals we empower, our starvation for development is never-ending. We IMPROVISE, ADAPT, and IMPLEMENT in a strategic manner.
TT Consultants offers a range of efficient, high-quality solutions for your intellectual property management ranging from
- Patentability Search
- Invalidation Search
- FTO (Freedom to Operate)
- Patent Portfolio Management
- Patent Monitoring
- Patent Infringement Search
- Patent Drafting & Illustrations
and much more. We provide both law firms and corporations in many industries with turnkey solutions.Contact Us