Indian Patent Search

Overview of IP India Patent Search

A patent provides the owner with the authority to prohibit others from producing, using, importing, or commercializing their invention without permission. A comprehensive investigation is conducted for an Indian Patent Search to ensure the originality of the developed system or process before granting a patent. To conduct an Indian Patent Search, the entire database of the country’s patent authority must be explored to find any project that matches the applicant’s discovery.

Patentability searches entail scouring patent databases for similar or identical applications to the one being patented. This is done to enhance the chances of securing registration or to uncover potentially patentable innovations. Performing a patent search proactively is crucial as it can increase the likelihood of successful registration or reveal patentable innovations within those databases.

Significance of Patent Search in India

A Patent Search in India serves various purposes before initiating a patent application. It aids in:

  1. Assessing the probability of obtaining a patent for the proposed invention.
  2. Choosing the appropriate patent rights to include in the patent application.
  3. Evaluating operational freedom regarding the invention.
  4. Determining the potential invalidity of an already granted patent.
  5. Gaining insights into related inventions and the current status of related patent filings.

Indian Patent Search for Infringement Cases

Once a patent application is registered, the applicant and their discoveries gain exclusivity. Patent attorneys receive numerous patent applications annually, and rejections often stem from various reasons. One significant reason is the similarity of the invention to one already in widespread use. Conducting a comprehensive patent search in India through Vakilsearch is highly recommended to avert such issues. Our experts meticulously examine all publications, existing inventions, and patent applications to ensure thoroughness.

Required Documents for Patent Filing in India

In India, patent registration necessitates specific essential documents, including:

  1. Detailed specifications (in English) of the invention.
  2. Diagrammatic representation of the invention.
  3. Names, addresses, and nationalities of the inventor(s).
  4. Names, addresses, and nationalities of the applicant(s).
  5. If the application is facilitated by a patent attorney, submission of legal authority is obligatory.
  6. The signature of the inventor on all assignment dates and the application form is mandatory.
  7. Alongside this information, details regarding similar applications filed in different countries must be provided.
  8. The priority application must be verified in English, which is essential for convention applications.
  9. A verified PCT application in English should be submitted. Alternatively, a patent agent can conduct verification on behalf of the applicant.
  10. Any form of priority application must be provided at the controller’s request, typically for convention applications, but sometimes also for national applications.
  11. A list of sequences in computer-readable text format (if applicable). There’s no requirement to submit a print form.
  12. If the patent involves biological material, permission from the national biodiversity authority must be obtained.

Advantages of Patent Registration in India

Patent filing in India offers several notable benefits:

  1. Exclusive Rights: Obtaining a patent grants the inventor complete rights over their invention, safeguarding it from unauthorized copying or usage.

  2. Intellectual Property: A registered patent serves as valuable intellectual property for the inventor, who can choose to transfer or sell it as desired, thereby effectively protecting their rights.

  3. Transferability: Patents, being a form of intellectual property, can be freely sold, bought, or leased according to the holder’s preferences.

  4. Asset Transfer: Patent holders have the flexibility to transfer their patents as assets or property to other individuals or entities.

  5. Enhanced Perception: Having a patent-protected product or process enhances its perception among the public and can elevate the standing of the business. This often allows the company to command premium prices for their patented goods or services.

  6. Long-term Power: By registering a patent, the holder gains significant power and control over their invention for a period of 20 years or more, providing long-term benefits and opportunities.

To access an Indian Patent Database, follow these steps:

  1. Begin by visiting the official website of the Controller General of Patents, Designs, and Trademarks (CGPDTM).

  2. On the main page of the Indian Patent Database, navigate to the ‘Other Links’ section located towards the bottom of the page.

  3. Within the ‘Other Links’ section, locate and click on the link labeled ‘Patent Office Database’ under the header ‘Search Databases’.

  4. You will be redirected to the Patent Search System page, where you’ll find fields provided for entering your search criteria.

  5. Input your desired search criteria into the available fields and initiate a search of Indian patents registered with CGPDTM.

  6. After conducting your search in the Indian Patent Database, you’ll receive a list of results. Click on any of the listed patents to access detailed information, which may include images or drawings associated with the patent.

Step-by-Step Guide to Indian Patent Registration

  1. Invention Assessment: Determine if your invention is novel or if it improves upon an existing invention. Ensure that it meets the criteria set forth by the Indian Patents Act, which allows for the grant of a patent for any new invention involving an inventive step capable of industrial application.

  2. Filing the Application: Prepare and file a patent application with the Indian Patent Office. This application should include a detailed description of the invention and claims defining the scope of protection sought. Additionally, you will need to pay the prescribed fees.

  3. Examination Process: Once your application is filed, it will undergo examination by the Indian Patent Office to ensure that it meets the required criteria. This examination includes assessing the novelty, inventive step, and industrial applicability of your invention.

  4. Publication: If your application meets the necessary criteria, your patent will be granted and published in the Indian Patent Gazette. This publication serves as public notice of your patent.

  5. Duration of Protection: Your patent will remain in force for a period of 20 years from the date of filing your application. During this time, you will have exclusive rights to your invention, allowing you to prevent others from making, using, selling, or importing your patented invention without your permission.

Steps to Registering a Patent in India

  1. Assess Invention: Determine if your invention is novel or an improvement upon an existing invention. Ensure it meets the criteria outlined in the Indian Patents Act, which grants patents for new inventions involving an inventive step capable of industrial application.

  2. File Patent Application: Prepare and submit a patent application to the Indian Patent Office. The application should include a detailed description of the invention and claims defining the scope of protection sought. Payment of prescribed fees is also required.

  3. Examination Process: Upon filing, your application undergoes examination by the Indian Patent Office to verify it meets the necessary criteria. This examination assesses novelty, inventive step, and industrial applicability.

  4. Publication: If your application meets criteria, your patent will be granted and published in the Indian Patent Gazette. Publication serves as public notice of your patent.

  5. Duration of Protection: Your patent remains in force for 20 years from the filing date of your application. During this time, you hold exclusive rights to your invention, allowing you to control its use, sale, and importation.

How to Conduct Patents Search Online

  1. Visit the CGPDTM Website: Start by accessing the Controller General of Patents, Designs, and Trademarks (CGPDTM) website, the official Indian patent office.

  2. Navigate to Patents Section: Click on the ‘Patents’ tab located in the top menu bar. From the dropdown menu, select ‘Online Patent Search’.

  3. Choose Search Option: You’ll be directed to a page offering two search options – ‘Basic Search’ and ‘Advanced Search’.

  4. Basic Search: Opt for ‘Basic Search’ for a straightforward search. Enter your keywords in the provided search box.

  5. Refine Search: Narrow down your results by selecting options from the drop-down menus for fields like type of document, status, etc.

  6. Advanced Search: If you require more control over your search, select ‘Advanced Search’. Enter your keywords and refine your options using the various drop-down menus.

  7. Specify Search Location: Determine whether your keywords should appear in the title, abstract, or the entire document by selecting the appropriate radio button.

  8. Initiate Search: After entering your keywords and selecting your options, click on the ‘Search’ button to generate a list of patents matching your criteria.

Note: Patent searching is a complex process critical to the patent registration timeline. Consider seeking expert assistance from Vakilsearch for a free Patent Search online and guidance through the patent registration process.

Indian Patent Search Attorney in India

In India, it is crucial to promptly register your patent following an Indian patent search. The individual holding the patent for the invention has significant authority compared to the inventor.

Trademarkwala offers assistance with e-filing for patents in India. Our services encompass both temporary and permanent patent filings.

Upon initiation, you are required to provide all essential documentation for the design patent application. We meticulously examine various aspects, including the invention’s potential applications across different industry sectors and its advantages over existing products. Following this thorough evaluation, we proceed with the registration process, with our team of patent attorneys guiding you every step of the way.

Why Trademarkwala?

Trademarkwala offers top-notch patent search services in India, with a streamlined process.

Get in touch with experts at Trademarkwala. Our skilled patent attorneys will reach out to you promptly to address all your inquiries concerning the patent search. Next, you’ll need to furnish all the necessary documentation for conducting a comprehensive patent search.

Ensure to provide details regarding the invention’s uses, advantages over existing products, and other pertinent information. After analyzing the data provided, our experts at Trademarkwala will carry out the patent search. The time required for this search will be determined based on various factors.

Once the patent search is concluded, we’ll analyze the patent status and share the information with you, the applicant. Registering your patent in India can be easily facilitated through Trademarkwala experts.

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