Patent Search in India
A patent is granted for a new or novel invention , having an inventive step and capable of industrial application. It is therefore advisable to conduct a search before investing time and resources in developing any new technology in order to access whether the technology being worked on is new or novel, to avoid reinventing the wheel and also to safeguard from infringing an existing patent right.
The various types of searches which may be conducted depending on the objective are:
Freedom To Operate Search (FTO) in India :
How to Conduct Freedom To Operate Searches For Patents in India?
Freedom to Operate (FTO) search is also known as Right to Use search. The companies prior to making huge investments like launching a new product or initiating a new line of research leading to development of new product perform FTO search in order to ensure that the commercial production, marketing and use of their new product, process or service does not infringe the intellectual property rights of others.
FTO includes a comprehensive search and analysis of patent literature i.e. un-expired patents and published patent applications. However, while conducting such searches, it is imperative to bear in mind that patent protection is territorial and have limited scope and duration.
Freedom to operate searches can be used:
- For mapping out a technical field
- To know the possible infringement
- To know the countries where possible rights apply
- As inspiration prior to the commencement of a new development project
- To know who is operating within a given field
- To evaluate the potential for new activities in an area
Novelty & Patentability Search In India:
How to Conduct Patent Novelty & Patentability Search in India?
Novelty & Patentability Search is a prior art search often conducted to determine if an invention meets the criterion of patentability in terms of novelty and non-obviousness. In Novelty Search, it is necessary that all the features of the independent claims should be described within a single document.
Novelty & Patentability Search can be helpful in:
- Providing clarification of whether an invention is new
- Evaluating invention disclosures
- Assessing the inventive merit of new products
- Providing clarification of whether to file patent application
- Distinguishing between state of the art and inventive step.
Patent Prior Art Search/ State of Art Search:
How to Conduct Patent Prior Art Search in India?
Prior Art search is conducted so as to determine the status of a technology in reference to development in the field. The search is conducted on various databases in order to obtain relevant patents and/or published patent applications which are parallel to the particular technology.
The purpose of conducting prior art search is also to clearly bring out the necessity of the current invention.
Once a Prior Art search is conducted, it will clearly mention the technical problems associated with the existing technology and the solution for that, bringing out the differences between the claimed invention and prior art.
Main purpose of Prior Art or State of the Art Search:
- To identify state-of-art of technology
- To generate ideas for R&D
- To reduce significantly R&D investment
- To develop new technical solutions to problems
- To evaluate specific technology
- To update new technological trends
Validity / Invalidity Patent Search:
How to conduct Invalidity or Validity search in India?
Invalidity or Validity search is conducted after the grant of patent in order to determine the novelty and inventive step of patented invention at the time when patent application was filed. These two searches are identical except for the desired outcome (valid or invalid patent claims) of the search.
Validity/ Invalidity Search can performed for the following purposes:
- Invalidate Patent when threatened with infringement
- Prepare for Patent Enforcement
- Prior to Patent Licensing
How to perform Patent Landscape in India?
Patent Landscape helps to get an overview of a particular technology or domain, its evolution, the competitors or chronological development in the domain and provide details on latest trends and specific developments in the industry.
The analysis and insights from the report helps in guiding or deciding R&D and IP strategy of the company or industry and to better evaluate the economic value of the patent portfolio.
A patent landscape analysis helps to identify:
- Technology strength
- Technology white space
- Technology leaders and their IP strategies
- Technological positioning of companies and their chronological changes
- Strengths and weaknesses of patent portfolios
- Innovative focus of companies
- Filing trend of companies in a technology domain
- Foreign filing trends etc.
For further information on patent prior art, freedom to operate, invalidity search or patent landscape in India write to us at firstname.lastname@example.org
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