Legal Guide

Why do we need a proper unified system for patent search internationally?

by Mandvi Singh · 4 min read

Patent search

Those days are long gone when inventions and properties were limited to four walls or words limited to a singular territory. Now any mention of property that has been made belongs to the world, and there are heavy compensations available for the one who is selling such invention. The result of such globalization is collective growth and unification of technological advancement. There’s a process that any patent needs to go through, and patent search is one of them.

The reason why patent search is needed?

As mentioned above, globalization has become one of the major reasons why people can leave the benefits of an invention made in any part of the world. So if anyone who is aspiring to register their patents needs to go through the process of finding whether his patent application is meeting the criteria of novelty, non-obviousness, and usefulness. This can only be done by conducting a patent search online. There is a designated portal opened by Indian patent authorities for smooth and easy patent search services. Earlier in India it was a huge task and needed a lot of bookwork, we have a lot to thank for digitalization to fast track every process in our life.

What are the different types of patent searches in India?

Freedom to operate search (FTO)

This type of search is conducted why many companies are making heavy investments in launching their products in the market. To make sure that their product is standing safe and it’s not breaching any contract patient of any other inventor, freedom to operate search is conducted.

  • Places in which freedom to operate search can be used include:
  • Areas that require mapping of technical field
  • To decipher any imminent infringement
  • Ascertaining countries where their patent application will stand tall
  • To know their competitors
  • To evaluate the potential for new projects or activities that have been launched.

Novelty and patentability search

This search is conducted to determine whether a patent stands tall in meeting the criteria of being novel and non-obvious. This search is important to check all the features of an independent claim and see if they are contradicting with the prior art. Novelty and patentability search can be of use in the following area.

  • Providing legal and proper clarification if an invention is regarded as new or not.
  • For evaluating all the disclosures related to the invention
  • To check if there are inventive steps taken in making this new invention.
  • Clearing all the doubts in case of any dilemmas related to patent application
  • It also helps in distinguishing inventive steps and state of arts

Patent prior art search

Any technology or invention that is already existing and a new patent are filed for the already existing invention, the already existing invention becomes prior art for the newly filed invention. The patent search report is made based on the prior art and seeing if this is any infringement in the context of this feature of the patent application.

Some of the major features and functions of the prior art include

  • Helps in generating new ideas for research and development
  • Healthy identifying state of art in technologies
  • Helps in upgrading already existing technologies and their trends
  • Heads in coming on two solutions for all the technical

Validity or invalidity search

Under this head creating searches were conducted for checking the inventive step in the current application. The desired outcome in this type of search is either the outcome would be valid or invalid. Inventive step and novelty are an integral part of an invention hence following steps must be followed

  • This step should be conducted before patent licensing
  • Helps in preparing patent enforcement
  • Makes new patents null and void who are on the verge of infringing the already existing patent

These are some of the major patent searches that are conducted all over India. If an inventor is seeking protection operating within the boundaries of India, they can approach Patent Office for filing territorial patent; else if they’re looking for international application then they can approach Patent Office and apply for their Patent through PCT. Patent search and analysis report and all the other documents are an integral part of assessing whether your patent application will be accepted or not. So if you are looking for national or international protection, make sure it needs all the requirements and has cleared all the searches conducted by patent offices.

Conclusion

It can be very well seen that registering a patent is a time-consuming and expensive procedure. People make a lot of money out of this patient; hence this layer of protection is important to make sure the beneficiary can make the most out of it and no one is exploiting it without the prior consent of the owner or inventor. A patent is an intellectual property that belongs to the owner and it is the responsibility of the government and authorities to make sure the right party is making the most out of it and later on, the public can use it for their benefit.

Struggling to file a patent? We suggest you talk to a lawyer specializing in intellectual property rights.

Mandvi Singh

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Mandvi Singh

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