A Patent is granted for new or novel inventions, having unique inventive steps and capable of industrial application. Patenting an invention is a tedious process and so is the creation of invention. Therefore, it is always advisable to go for patent search and analysis to avoid any last-minute hustle.
A Patent search is usually done before applying the patentable work to the Registry so that if any discrepancy shows up, the inventor can modify it. A Patent Search is a mechanism of going through patent documents available in the database to check for similar or identical inventions. Also, a Prior art search is conducted in non-patented documents that might have an impact on your invention.
The following are the Patent Searches conducted by Patent Agents and Attorneys
Also known as Right to Use Search, Freedom to Operate Search includes a comprehensive and specialized search of the patent literature. This search focuses on the un-expired and published patents. The patent being territorial in nature has limited scope and duration. Hence, it is advisable to have a complete search analysis done before proceeding with the application.
This search is conducted to determine if the invention to be patented meets the patentability criteria as laid down by the Indian Patent Act. The Act prescribes three basic patentability criteria- Novelty, Inventive step and industrial application. Novelty Search requires detailing the invention's features (independent claims) to be described in a single document.
Prior Art Search is conducted to determine the status of technology in the given field. Analysis from the various databases is conducted to obtain the required information of all relevant patents and patent applications. This will help the inventors understand the necessity of their invention and the chances of patentability.
This search is conducted after the grant of the patent in order to determine the novelty and inventive step of the invention during the filing of the application. The search results of each search determine the validity of the invention.
A Landscaping Report (Also known as mapping report), provides the analysis of patent data which reveals business, scientific and technological trends. They inform policy discussions, strategic research planning, or technology transfer. It provides a crystal view of the patent structure within the organization, or of your competitors. They may also be used to analyze the validity of patents based on data about their legal status.