Procedure for conducting a patent search in India

Indian Patent Search System

A patent is a national monopoly granted by the government for an invention. The patent prohibits others from copying the invention. The patent is given for a period of 20 years. Patent search pertains to the search of the patent database to confirm if there are any patent applications similar or identical to an invention that is yet to be patented. Patent search improves the chances of getting a patent registration and finding information about the inventions that are already patented. The Indian Patent Search System- called InPASS, was introduced in Feb 2015. InPASS facilitates a full-text search of Indian patents and Patent Applications. It also enables conducting an advanced patent search using Wild Cards and Boolean Operators. The Indian patent office database is used to conduct an advanced patent search in India. It is indispensable for a patent attorney to conduct a patent search before doing a patent filing application and proceeding with the patent registration process.

Let us understand how to use the Indian patent (advanced) search system to conduct patent searches, check the registered details of patents granted, and verify the patent application status. Understanding a bit about the layout of InPASS, InPASS, there are four menu tabs provided namely Patent Search, Patent E-register, Application Status, and Help.

Importance of Patent Search

Let us understand the significance of patent search before carrying out the patent registration process. Below are the listed benefits.

• You can find out the probability of getting a patent for a proposed invention.
• You get to know about the claims to be filed in the patent application.
• You can determine the freedom to operate.
• You can find out whether a granted patent can be considered invalid or not.
• You can get more knowledge about similar inventions and the status of similar patent filings.

The procedure of Patent Search in India

Doing a patent search in India does not cost you anything. The patent database of India is available at: http://ipindiaservices.gov.in/publicsearch facilitates patent search. Under the 'Patent Search' tab, there are two checkboxes given that allow us to search for Granted patents and Published applications or both.

The user can choose the desired publication type by clicking on the checkbox. The user can view many categories listed below.

• Application date- You can choose a range of dates
• Title
• Abstract
• Claims
• Description
• Application Number
• Patent Number [For Granted Patent]
• Applicant Name
• Inventor Name
• Inventor Country
• Inventor Address
• Filing Office
• International Patent Classification (IPC)
• PCT Application number [for national phase application]
• PCT Publication number
• Field of Invention
• Patent Assignee Country

Keyword Search

To start with the search, first, you have to gather the keywords relevant to your invention or patent. You can do the keyword search for searching the title, abstract, claims, and description. You can carry out the patent search using the keywords along with 'Boolean Operators' and/or 'Wild Cards'. The search results will be reflected in two columns. In the left column, the application number/patent number, title, application date, and status will be shown. Based on the choice of a row in the left column, details like Bibliographic Data, Specification, publication number, publication date, publication type, and Status of the patent application/granted patent will display in the right column. Then, you can view the details of the patent specification, priority number, priority country, priority date, the field of invention, and application/patent status in the respective tab. Once you enter the required keywords in the respective boxes, you have to clear the captcha code. However, the display numbers of search records are limited to up to 1000 and 25 records per page.

Applicant Name Search

You can search the patent applications/ patents by entering the applicant's name against the relevant row on the Indian patent search database. The result will be displayed by the title of all published or granted inventions in the name that you entered.

Inventor Name Search

Just like the applicant name search, the Indian patent search database also displays the inventor's name in the relevant row and displays the result. Further, you can also perform various other searches related to the patent. The tab ‘Help’ aids you in learning more about the usage of Boolean operators and Wild cards. Knowledge of USPTO patent search or WIPO patent search will help you conduct the patent search in India very easily.

Patent E-register

You can also check the legal status of the patent granted on the Indian patent search database. You need to click on the 'Patent E-register' tab and enter the patent number along with the displayed code. Then click on ‘Show E-register’. The results will present the legal status of the patent, the next renewal date, and the Bibliographic data of the patent.

Application Status

Under this, you can check the status of the patent application through the Indian patent search database. Go to the 'Application Status' tab and enter the application number along with the displayed code and click on 'Show Application Status'. The result will demonstrate the application details like application number, applicant number, date of filing, priority date, the title of the invention, publication date, and application status. You can also view all the relevant documents of the patent application under the 'View Documents' tab given at the bottom page of the result.

Conclusion

It can be concluded that Patent search is a strategic decision that depends on your purpose of the search. It is important to remember that to determine whether your invention is novel, patent search should include not only Indian patent database but also other international patent databases of USPTO, EPO, JPO as well. There are free patent searches as well as paid databases. You can run different searches related to your patent as per your requirement. You can undertake the search by yourself on freely available Patent search databases. However, patent search services and patent filing are complicated. You have to take important decisions that are directly proportional to future capital expenses for patenting your service or product. Therefore, it is advisable to engage a patent attorney or seek a patent law firm to hire a professional team for the search. Their access to the best Patent search databases across the globe along with sound Technical, Analytical, and Patent knowledge shall make your patent registration process very smooth and efficient.