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A patent is a statutory right to an invention granted by the government for a definite term to the patent owner, in exchange for the full disclosure of his invention to the exclusion of others, to manufacture, use, sell, import the patented product or manufacture it for such purposes without his consent.
A patent application requires a qualitative lookup of the technical conditionbeforefiling a patent application. A suitable and elaborate patent search can be made from previous applications such as published research journal articles and publications or products.This is an important step in the patent drafting process, where the inventor compares the invention with the most recent work done in the field and highlights any shortcomings in the published patents.
It provides clearance about the possibility of a new invention being patented.
It provides clearance if the same invention is already exists or not.
It determines the novelty of the product.
It reduces cost and expenditure in filing patents if there is pre-existing invention.
It may also lead to invalidation of existing patents.
It should be novel.
It should have inventive step or it must be non-obvious
It should be capable of Industrial application.
It should not attract the provisions of section 3 and 4 of the Patents Act 1970.
• A list of the required documents will be provided to you subject to your requirement.
In India, patents can be searched for in various categories such as utility patents, design patents, and plant patents.
A patent search is not mandatory before filing a patent application in India, but it is highly recommended as it can help to identify potential issues with patentability and help to avoid unnecessary expenses.
The results of a patent search are not a guarantee of patentability. It is important to consult with an expert or professional to determine the patentability of an invention.
It is recommended to conduct regular patent search for your invention at least once a year, or whenever you make significant changes to your invention, to ensure that you are aware of any new prior art that may have been published.
The results of a patent search can be used to help prevent others from copying your invention by providing evidence of prior art, which can be used to challenge the validity of any patents that may be granted to others for similar inventions.