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PATENT SEARCH

PATENT SEARCH

Patent is a form of intellectual property, it grants the legal rights to the creator or the inventors and prevents others from unauthorised using, selling, and creating such inventions. For the protection of the patent, the inventor is necessary to register the invention under the Patent Act. The invention should fulfil the requirements of the patentability such as novelty, utility. The invention should be unique to this world and helps for the particular purposes. It should not be an existing invention. The registered patent has protection for around 20 years. 

PATENT SEARCH :

The patent search is an art, it is searching for the existing patents from the various countries and the public domain, to find the existing information of the invention before we file for the patent for the registration. The Patent search which conducts in the patent database and the available sources about the existing information of the patentable product. In this process it increases the chance of getting patentability of the product or inventions easily. 

While conducting patent search if the similar patentable product is matched existing which leads to the rejection of the patent. So every inventory should do the patent search accordingly. It will increase the chance to get patentable. In general the patent search is the investigation, or a research or the data mining of searching the existing patents.

TYPES OF PATENT SEARCHES :

There are certain types of patent search that are applied, those are used to evaluate the applicability of the patent search in different ways.

  • Patentability search
  • Freedom -to-operate search
  • Patent Invalidity search
  • State -of-the-art search 

Patentability search :

The Patentability search which is also called the Prior Art search. It is a general search of the patent which involves the searching of the existing patents in various sources such as scientific researches, literatures, technical publications of researches, and public availability to identify the existing patent availability in the said sources. The main object behind this patentability search was to find the similar inventions that could apply for the current patents. Aswell as by conducting the comprehensive prior search helps to identify the novelty and the non similarity between the patents. In this steps it includes the searching of 

  • International patent classifications.
  • Keywords
  • Application ID of similar patents
  • Assignee of the patents.

Benefits : 

In this patent search it technically increased the idea of the patentable products, innovation which identifies the similarities, which will be useful for the applicability of the patent for the present innovations. By conducting the novelty check it is easy to identify the uniqueness of the product very simply. It is a very crucial step to access the existing inventions easily by this search.

Freedom-to-operate search (FTO) :

The Freedom to operate search is one of the methods which is used for the patent search. It is also called the clearance search method. Mainly it is used to conduct the evaluation of the invention if it is infringed by the already existing patents. It mainly focuses on the intellectual aspects of the inventions such as trademark, patent, copyrights and other barriers. 

Benefits : 

It helps to identify the risk and the patent identifications. By this search method we can patent the new innovations and introduce them in the markets. It analyses all the aspects of IPR and also the legal barriers of the existing patents.

Patent Invalidity search :

The patent invalidity search is also known as the validity or invalidity of such a patent. It aims to cover this is a search about any product or a process that infringes upon an existing patent claims of someone who patented before the product or process launch. The claims of patented article or process is analysed with infringing product or the process, a damage analysis report may be prepared based on this search.

Benefits : 

It provides the evidence for the validation of the patents and by this search method we can easily identify the infringement of the patent and similarity difference between the existing patents which helps to prevent the patent litigation of the present patents. It involves the search of data in the technology domains.

State of the art search :

This method mainly focuses on the identification of the patents in the field of industries or with the technical states. Which helps to identify the trends, emerging inventions etc. This provides the wider way of the innovation cycle easily.

Benefits : 

It helps to analyse, monitor the competitions and track the patents with the responsible criterias and with the view of the landscape of the patent with the landscape. It mostly views the knowledge based innovations of the industries for the search of the existing patents. This helps to reveal technological development smoothly.

Why should we conduct the Patent Search ?

It saves your Time and cost. It is not advisable to file for a patent application unless the invention deserves a patent that must be novel, inventive and capable of being made in an industry. So, conducting a patent search will give you the information about invention development, novel portions of the invention and inventing something different than the other patents or inventions. Further, the applicant or inventors are sharing their inventive knowledge across the public through patents resulting to know the new inventive feature of the invention.

This will prove the quality of the invention to deserve the chances of getting a patent. Patents in the public domain will be more helpful for further research. Since it helps to disclose or modify the similarity of the patent inventions and helps the inventor to change or correct their patent which increases the chance of getting patentable for the invention by easily. 

HOW TO CONDUCT PATENT SEARCH ?

There are a lot of ways to search for patents. Here some of the important and easiest ways are there for the quick and easy search of patents.

1. Patent search ( general search in all sources )

The patent search is the process of searching the data of the new invention which already existed or not. Basically it involves two methods of searching for the patent. The prior art search usually determines the subject matter of the invention. But the patent search finds the information of the inventor who owned the patent and other detailed reviews. So the way of searching should be different for the identification. We need to analyse what kind of search we are going to conduct for the patent search. Based on the search we should get a result about the patents. In this search we directly searched all the public domains mainly. If in case we didn’t get any information or the days we can move with other steps.

2. Invention disclosure

In this step we need to disclose the details of the inventions to the patent attorney for the search of the patent in the portal. The patent attorney is an expert and he can make the search very simple. In every patent office the records should be maintained for the checking of the patents. That records which contains all the information about the patents which are patentable under the act. That data helps to find the search information. 

3. Identification of the key features

Every invention has certain key features which identify the appropriate roles of the patents. The inventor should list the main unique key features of the invention which makes a clear way to recognise the similar works which were previously made. As well as we should use the google to identifying the inventions and the prior art search which helps to make the things easily. 

4. Search engines and portals :

The search engine is used for searching the piece of information in all the sources which are available globally. For particularly patent search portals are used and other search engines such as google search engines. It requires the necessary information such as the abstract, title, uniqueness, and all the basic information about the invention should be needed for the search engines.

Several databases are available for the patent search, some of them are subscription based and others are free portals. The certain free databases such as USPTO, freepatents online, india patent search, google patents. And the subscription based patent databases are orbit, Patbase, thomsonInnovation etc. It is also achieved by codes using the key words, synonyms, classifications, which are used for the patent search.

THE REQUIRED INFORMATION OF PATENT SEARCH :

We know that the patent search is a process of searching for similar or already existing inventions and the patents which have already been published. In India, the process of getting a patent search involves various methods but similarly the required information about the invention is used for analysing the search. 

It requires certain information for the patent search. Those are,

  • Date of the application.
  • Abstract about the invention.
  • Title for the invention.
  • Applicant and the application number.
  • Complete specifications.
  • Provided Patent number. 
  • Applicant and inventor name.
  • Applicant and inventor residential address.
  • Place of the Filing office. 
  • PCT applicant Number and publication number.
  • Claims of the invention.

IMPORTANT TO CONSIDER WHILE PATENT SEARCH :

There are certain things the inventor shall consider the important steps while the patent search. 

  • The inventor should describe the invention clearly for applying the patent.
  • The novelty and uniqueness of the invention is available to the public even if the patents are denied, it would help others about the invention for not to patent the same thing.
  • In case if the patent was denied in certain situations, but the invention is unique while compared to other similar patents, he also can use the such denied patent for himself to make profits. 
  • The patent search which helps to clarify the doubt that others have the same invention or not.

These are the certain important things to note before going to the patent search or reviewing.

PATENT SEARCH EXPERT IS NEEDED ?

For the patentability of the product the inventor should search the invention in the various portal and search engines in online mode. However it requires certain key features, titles and abstracts about the inventions. But the results and the accuracy of the word searched varies when we search ourselves in the portals. An online search which provides certain irrelevant subject matters and causes confusion. 

While the expert search helps should easily understand the subject matters and he will disclose the information of the relevant patents quickly. As well as the expert search helps the approval of the patent application easily. Thus it is better to appoint the expert to do the search of the patent which helps to save the time and reduce the rejection of the applications.

FAQ

FAQ ON PATENT SEARCH :

1. WHAT IS PATENT SEARCH ?

The patent search is an art, it is searching for the existing patents from the various countries and the public domain, to find the existing information of the invention before we file for the patent for the registration. The Patent search which conducts in the patent database and the available sources about the existing information of the patentable product. In this process it increases the chance of getting patentability of the product or inventions easily. 

2. WHAT ARE THE TYPES OF PATENT SEARCHES ?

  • There are certain types of patent search that are applied, those are used to evaluate the applicability of the patent search in different ways.

     

    • Patentability search
    • Freedom -to-operate search
    • Patent Invalidity search
    • State -of-the-art search 
3. WHY WE SHOULD CONDUCT THE PATENT SEARCH ?

It saves your Time and cost. It is not advisable to file for a patent application unless the invention deserves a patent that must be novel, inventive and capable of being made in an industry. So, conducting a patent search will give you the information about invention development, novel portions of the invention and inventing something different than the other patents or inventions.

4. WHAT ARE THE MAIN OBJECT BEHIND PATENTABILITY SEARCH ?

The main object behind this patentability search was to find the similar inventions that could apply for the current patents. Aswell as by conducting the comprehensive prior search helps to identify the novelty and the non similarity between the patents. In this steps it includes the searching of 

  • International patent classifications.
  • Keywords
  • Application ID of similar patents
  • Assignee of the patents.
5. WRITE DOWN THE PAID AND SUBSCRIPTION BASED PATENT SEARCH DATABASES USED ?

Several databases are available for the patent search, some of them are subscription based and others are free portals. The certain free databases such as USPTO, freepatents online, india patent search, google patents. And the subscription based patent databases are orbit, Patbase, thomsonInnovation etc. It is also achieved by codes using the key words, synonyms, classifications, which are used for the patent search.

PATENT SEARCH
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