Overview of Indian Patent Search
The patent search is the first step any person takes before filing a patent application. A patent search is a process of browsing through the patent database to determine whether there are any similar patents to the invention/innovation of the applicant. This process is done to make sure that the applicant's patent is unique and has a higher chance of getting a registration. Registration of a patent ensures that the patent holder has the ultimate right to use that innovation but if the application for the innovation or invention is similar to a pre-existing patent then the patent office shall reject the application.
What is InPASS?
In India, the patent search can be conducted through the Indian Patent Search System (InPASS). It was introduced in the year 2015 as a replacement for its predecessor called IPAIRS (Indian Patent Information Retrieval System). InPASS allows the user to conduct searches both via. Wild cards and Boolean operators. Currently, the InPASS is the most advanced database to conduct a patent search in India
Importance of Patent Search
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Necessary Papers for InPASS Patent Search
The InPASS Patent Search doesn't require the user to upload any necessary papers for browsing its database. It is easily accessible and free to use.
Procedure for Paten Search Through InPASS
Follow the steps mentioned below to complete the patent search using InPASS
Visit the InPASS Website
The patent researcher needs to log on to the InPASS website by going to ipindia.gov.in. This website keeps track of all the registered patents in India.
Select the Criteria
Next, you will be required to select from the two criteria namely:
Parameters for the Search of Patents
There are various parameters which the user can choose while searching for patents such as:
The applicant must create a list of keywords that is relevant to their invention. The keyword search will enable the applicant to view all the patents where such a keyword has been used. The results will enlist all the patents that have used the keywords in the title, abstract, claims, description, name etc.
The Results shall be displayed in two columns. The first column (towards the left of the screen) shall display information such as the application number and date, patent number, title and status. Whenever the user makes a selection on the left column details such as specification, and abstract bibliographic data shall be displayed in a separate column towards the right. A user can browse through 1000 results and view a total of 25 results per page.
Applicant Name Search
The InPASS website allows you to easily search for patents by using the name of the applicant. For this, the user can easily fill in the applicants' names in the search bar and press enter. Then the website shall display a detailed list of all the patents that have been published or granted to that applicant.
Inventor Name Search
Inventor name search is also available on the InPASS portal. The process shall be similar to the applicant's name search. This will display the results based on the inventor's information.
The database will allow the electronic registration of patents. Whenever an applicant wants to check the status of his registration he can enter his Patent number in the E-register tab. The database will show crucial info. Pertaining to the patent like status, renewal date, description etc.
Patent Application Status
InPASS also has the provision to check the status of the patent application filed by you or your agent. Under the application status tab, the user should type in his application number and click on the 'show application status' button. It will display the application number, date of filing, title etc along with the application status. This tab also lets the user see relevant necessary papers that were attached to the patent application.
The applicant should also go through international patent search engines like the WIPO database. To have a broader approach to their patent search exercise.
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Frequently Asked Questions
It is not mandatory to conduct a patent search before a patent registration. However, it advised that the user does a thorough patent search before registration or even the creation of the product to save time, money and labour. As patent infringement shall bear huge costs.
No, The patents are granted based on specific regions and territories. Usually, they are exclusively available to a country. So, whenever a breach happens the law and jurisdiction of the country will be applicable.
Any individual can conduct a Patent Search through InPASS but you should seek the help of a patent professional as they can deliver you information quickly and accurately from large volume results.
The patent shall be valid for a period of 20 years from the date of filing of the application. A person can easily find out the number of years remaining on a particular patent via the InPASS website.
The cost to conduct a patent search in India can range anywhere from Rs.5000 to 35000 depending upon the product along with this a professional fee of the agent has to be paid separately.