Patent Searches

A Patent Search (also referred to as a Patentability or Novelty Search) is a search conducted in Patent Databases as well as in Non – Patent Literature (NPL) available freely or on paid basis to check whether any information similar to your invention already exists.
Just as you need to do due diligence before taking on any business venture, you need to do your patent due diligence before filing a Patent Application. To get a patent in India, invention has to be novel, non-obvious, and industrially applicable. It is important to note that whatever is known through NPL or Patent Literature currently throughout the world is considered by Indian Patent Office (IPO) so as to ascertain patentability of invention. Though sometimes arts that can destroy patentability of invention are easily available on free databases, most of the , they are not. Information not being available on free databases is not the only reason that can hinder person from locating the arts, using improper keywords, forming wrong combinations of keywords are also the reasons. This is where we can assist you. Our skilled and experienced team can definitely make this job easy for you.

Process

  • Non-Disclosure AgreementTo give you complete assurance that your invention will be confidential with us, we sign a Non-Disclosure Agreement (NDA) and then only initiate with the project.
  • SearchOnce we receive the detailed invention disclosure, we thoroughly understand the invention, collect keywords, form combinations of keywords, conduct search on free or paid databases.
  • AnalysisOnce we obtain results after searching various databases, Analysis is carried out.
  • ConsultationBased on our in depth analysis, we conclude whether the invention is patentable or not, and also guide on whether to proceed further with application or not.

Timelines

 

Frequently Asked Questions

Firstly, the search provides insight as to the scope of patent protection that may be granted to you. If art is found that can destroy patentability of your invention, the expenses on patent application can be saved. If no serious road blocks are found the patent search can and will lead to a better, stronger patent application and likely a smoother application process.Secondly, the search results aid your patent attorney in writing your patent application. If art similar to your invention is found, the patent attorney can draft the patent application to distinguish your invention from the art improving your chances of obtaining patent protection.

  1. Freedom To Operate Search:
  • For mapping out a technical field
  • To know the possible infringement
  • To know the countries where possible rights apply
  • As inspiration to the commencement of a new development project
  • To know who is operating within a given field
  • To evaluate the potential for new activities in an area

 

  1. Novelty & Patentability Search:
  • Providing clarification of whether an invention is new
  • Evaluating invention disclosures
  • Assessing the inventive merit of new products
  • Providing clarification of whether to file patent application
  • Distinguishing between state of the art and inventive step.
  1. Patent Prior Art Search
  • To identify state-of-the art technology
  • To generate ideas for R&D
  • To reduce significantly R&D investment
  • To develop new technical solutions to problems
  • To evaluate specific technology
  • To update new technological trends

 

  1. Validity/ Invalidity Search
  • Invalidate Patent when threatened with infringement
  • Prepare for Patent Enforcement
  • to Patent Licensing

 

  1. Patent Landscape Search
  • Technology strength
  • Technology white space
  • Technology leaders and their IP strategies
  • Technological positioning of companies and their chronological changes
  • Strengths and weaknesses of patent portfolios
  • Innovative focus of companies
  • Filing trend of companies in a technology domain
  • Foreign filing trends etc.

Patentability search is not mandatory before filing of patent application. Neither Indian Patent Office nor Attorneys make it mandatory. If you are sure that your invention will pass through the patentability criteria, you can skip the patentability search and directly go for patent application filing.

Even though patentability search is not mandatory, it is recommended if you are not sure

-whether your invention passes through patentability criteria or

-whether the search conducted by you was exhaustive.

Yes. But considering the complexities involved in conducting the search and high subjectivity in determining the obviousness criteria for patentability, and for the reasons discussed in introduction section, it is highly recommended to get this done from professionals with relevant experience and expertise.

You need to provide detailed information regarding your invention, disclosing the technical advancements over the arts in your field of invention. You can take help of flowcharts, graphs and images to better explain the invention. Your opinion on what was already existent greatly helps us to determine the focus points for the search.

We have access to paid databases exclusive for patent searching, which allow us to access patent documents from all over the world in a single place. This helps us to efficiently find out the arts that might not be easily available elsewhere.

Yes, though the patents are territorial in nature, arts from all over the world are considered. In simple terms if anything is patented in USA, it can only be considered to be valid for USA but it still can be considered as art to reject patent application in other countries.

Patentability Search gives you an idea about an invention getting a patent granted. Specifically, it gives the idea about novelty or non-obviousness of your invention; whereas clearance search gives an idea whether your product would infringe any existing patent. It may happen that your invention might be patentable but it may infringe upon any granted patent.

There are various databases (including paid ones) we use for Patent Searching, some of them are:

  1. QUESTAL ORBIT
  2. THOMSON INNOVATION
  3. USPTO
  4. USPTO1
  5. ESPACENET
  6. WIPO
  7. JPO
  8. GOOGLE PATENTS
  9. SUMOBRAIN
  10. DEPATISNET
  11. KPO

Non-patent literature (NPL) refers to any type of literature that is not a patent. NPL includes a wide range of literature that each brings unique value to a search project. NPL can be very useful as art, but it functions very differently from patents. Most of the , they outperform patents in terms of the scope, specificity, and relevance of the information they provide as art.

We search for NPL using various databases, some of them being:

    1. SCIENCE DIRECT
    2. GOOGLE SCHOLAR
    3. IEEE XPLORE
    4. FREEFULL PDF