A Patent Search is an exclusive right for any new invention of an Inventor which is being given by the government after submission of the description by the Inventor. Through this authorization, he has an exclusive right to produce, manufacture and sell his product. However, the authorization is provided for a limited period of time and he has to publically disclose his invention. A patent is governed by the Patent Act of 1970. The authorization is granted to provide protection to the invention of the inventor. A patent can a process, service or product which shall be an original invention and it provides protection from the competitors.
It orders to recognize anything patent some requirements needs to be fulfilled which are as follows
The invention of the inventor must novel in nature. This simply means that it should be new and shall never been seen, made or used by anyone else. It should contain the characteristic which never been brought in the knowledge of the public. This is also known as Prior Art.
2). Inventive Step:
The invention made or produced by the inventor should involve inventive steps ie., it should be something original and new. It should not be any art which is already known to the public. It is something which an ordinary person having skilled and good knowledge cannot create or produce.
3). Industrial Application:
Now, this is a very important step, the invention of the inventor must have an industrial application. It is something which can be created or used by the industry.
4). Patentable matter
Further, it is to be noted that the invention of the inventor must be patentable in accordance with law.
1). Search of Similar Patent
Before filing of application for registration of Patent it is always advisable to conduct a Patent search over the portal of Patent registry, it not only help you to know whether there is any similar invention or not, it also help in reducing the hardship which a inventor get after filing of application for registration of Patent.
- It improves Approval Chances
Yes, it is true. As already said conducting Patent search over the portal help you to understand whether the patent can be granted or not. Once no other invention is being found one can say that you have wins the half race.
KEY POINTS TO KEEP IN MIND WHILE CONDUCTING PATENT SEARCH
A comprehensive Patent search must be conducting in the patent databases to know the novelty of the invention. You must use some search strategy so that you must be assured that now no other invention is there. The comprehensive Patent search can be conducted through paid as well as free software available on internet. Let’s understand the strategies which can be used while conducting comprehensive Patent search:
- Inventor based search – In Inventor based search, a list of all inventors is extracted from available documents and queries are being added in the Patent database using these inventors list. This is a comprehensive search.
- Key string search – Key string is nothing but keywords that are used to conduct comprehensive search of Patent. In Key string search different keywords are identified, Apart from this words which are synonymous to these words are also identified. Thereafter the search to the database is conducted.
- Patent classification search- Here the patent are classified through technical content so that it may hold specific place in its area.
LIST OF SUPPORTING DOCUMENTS REQUIRED TO BE SUBMITTED FOR FILING PATENT REGISTRATION
Draft of Complete specification
Name, Address of inventors
An Application Form by the inventor (if he is not an applicant)
PCT application in English (required only for national phase applications)
Other document as demanded by authority
How we can help:
LetsComply is a full-service law firm and is the best platform for all your Legal, Finance, and Taxation needs. Letscomply is one of the leading law firms in India, and having a team comprises of Corporate Lawyers, Company Secretaries, Chartered Accountants, Cost Accountants, I.P. Attorneys, and Management Experts with rich experience in their respective filed. We believe in long-term alliances for mutual growth.
For more information, please contact us on email@example.com or call us Mb. No.97178 22448 Ph. No.011-42662177/78/79.
SERVICES PROVIDED BY US:
Foreign Investment in India| Setting-up of Business in India |Virtual CFO| Virtual General Council| Income Tax | GST Registration & Returns | Company Registration | LLP Registration |NGO| Company Annual Compliances | Drafting & Vetting of Agreements |Opinion & Advisory on Different Issues| FSSAI Licenses| ESI & EPF | ISO certification |Shop & Establishment Registration |MSME Registration| SEIS/MEIS Services| DGFT| Legal Notices