A patent searching services enable a correct analysis of your product or design before granting a patent. The Patent Office examines a patent application by comparing the claimed invention with the prior art. We have access to such data and provide the most reliable Patent Search in India.
To avail our services, we charge 499/- as an advance or security payment.
How do patent searching services work?
A patent attorney will do an accurate search of the patent database.
The lawyers will assess inventiveness for estimates with similar works.
The attorney will inform you whether you should make the request or not.
Patent Search in India-Overview
A patent provides its owner the right to restrict others from making, using, shipping, or selling his/their material without approval. A specific check is done before such a right is granted on whether the method or product is innovative or novel, hasn’t been delayed in any published document; and industrially relevant (possesses utility). It includes searching the intelligent business regulator of India’s database to check whether an object or invention is similarly as or comparable to the applicant’s invention.
Advantages of a Patent Search
Test Of Inventiveness
Before paying the government fees for a patent, it is sensible to search to test the inventiveness of the product or process. It’s the only way to identify how likely it is for your patent to be allowed. While you may be informed of a product’s commercial uses, a rival may have registered a product or process similar to yours but not started using it yet.
Gains Approval Chances
If a patent is given to a product or process similar to yours, it could make your application to be rejected. Therefore, you should be ready to frame your request to reflect on how yours is different.
Checklist For Patenting Inventions
- Computer with specialized application to industry or used with Hardware and Product patent for drugs, medicines, substances, and food.
- Art, process, or method of manufacture.
- Machine, apparatus, or other articles.
- Substances produced by manufacturing.
Why Is A Patent Search in India Essential?
Every year, Patent Search in India gets thousands of patent requests. The authorities allow not all requests. Other similar inventions/requests or the steps included in the creation are not innovative. For example, pharmaceutical companies in India register for patents every year when their analysis and development teams make a product or, mainly, the ‘steps’ to formulate or derive a particular active component (drug). Often, certain drugs are not innovative, and the change is not listed. Thus, instead of wasting time on the patent process, it is best to get out through Patent Search if any similar inventions/requests are already patented.
How legaltoast carries out its Patent Search in India Process
Your legaltoast legal professional will take up your application and conduct a thorough search of the database. The time it takes to complete this search would depend on the scope of the invention, the industries it applies to, and the number of alike existing products/processes. Patent Search in India verifies that your product or process is innovative. You can start using it.
Publication In A Recognised Journal
You would require sending in all the details about the Patent Search in India, including uses of the design, benefits over existing products, or processes publication in a recognized journal if any.
Required Documents for registering a Patent in India
- Complete term (in English)
- Name, location, and nationality of inventors
- Name, location, and type of applicants
- Power of Attorney (To be registered in case a patent attorney uses)
- Assignment Agreement or Request Form authorized by the inventor (if the originators are not the aspirants)
- Details of corresponding requests recorded in other countries (Information and undertaking under Section 8)
- Verified English translation of the priority application (needed for custom applications).
- Verified English translation of the Patient Care Technician ( PCT ) application (required only for national phase applications). An agent can confirm the English translation of the PCT application on the applicant’s side.
- Verified copy of the preferred application, if asked by the Controller (needed usually for convention purposes, but may also be asked for national phase application in case the decision report was not shared with the International Bureau)
- Sequence listing in computer-readable text format (if any) (no print form is needed to be submitted)
- Approval from NBA (National Biodiversity Authority) (in case any Biological element used in the invention is from India).
FAQs on patent search in India
An invention relating either to a new product or process, including inventive steps and capable of industrial application, can be patented. Nevertheless, it must not fall into the classifications of inventions that are non-patentable under sections 3 and 4 of the Act.
The invention details can be shared on a CD or a pen drive, along with its name, connection with existing products, uses, and publication date (if any). Applicant information is also required.
1. Patent Search
2. Patent draft and illustrations
3. Patent filing
4. Request for examination
5. Issue of First Examination Report
6. Reply to an Examination report
7. Grant of Patent
Sections 3 and 4 of the Patents Act 1970 define the inventions that are not patentable under the Act.
No. Patent protection is a national right, and therefore it is valid only in the territory of India. There is no concept of a global patent.
Still, applying in India allows the applicant to register a corresponding application for the same invention in convention countries or under PCT within or before the expiry of twelve months of the filing date in India. Patents should be obtained in each country where the applicant requires the protection of his invention.
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