A Patent is considered as an important legal document that provides the authority, control over any particular invention, writing or any other creation for which the inventor is applying through. Firstly the invention which is been created shall be new and original in nature or it shall offer a new technical solution.
Any new technique, creation, invention, writings, etc must be registered by the inventor through Patent Registration. By registration the creator will have all the right over his/her creation. These rights are enjoyed by the creator for a certain period of time .The Patent authority which is established in India through the government will grant this right. The patent system in India is governed by the Patents Act, 1970 (No.39 of 1970) which is amended by the Patents (Amendment) Act, 2005 and the Patents Rules, 2003. The Patent Rules are regularly amended in accordance with the changing environment, most recent being in 2016.
IP India Patent search can done by using Indian Patent Office website. The said website is available for free general public and they can check the details of published or granted Patents.
ADVANTAGES OF INDIAN PATENT SEARCH
Monopoly Advantage;
Permit Receiving of Royalty;
Allows Selling as well as Licensing of Patent Right at any time;
Worldwide Recognition;
Aid in Raising Capital;
Assure Safety of Invention.
ELIGIBILITY CRITERIA FOR INDIAN PATENT SEARCH
Patent registration in India is subject to certain eligibility criteria which must be satisfied
It should be Novel in nature
To be eligible for a patent, an invention must be novel. The novelty of creation is essential in establishing its patentability. The design must result in any new product, new procedure or any information. It should not be predictable in any sense such as by document, by any awarded patent, published patent, non-Patent literature, or any other means which is already in the public sphere. It must have unique or distinct from what is currently known.
It should be inventive or non-obvious
The innovator must contribute creatively to the invention. It should be something that the person knowledgeable in the craft would not predict. E.g if any innovator created or solved any technical problem by inventing something then another innovator cannot make similar creation and claim to be inventor of that particular technical solution. In such case, the inventor’s technical solution will not be considered inventive in nature.
It should have capability of Industrial application.
Section 2(ac) of the Patents Act signify industrial application as “the creation is potent of being utilized or manufactured in a sector.” The invention must have industrial applicability, meaning it should be capable of being made or used in industries. It suggests that the product must be helpful in order to be patentable.
Having Ownership
The person who is looking for patent registration must be the true and first inventor or the assignee of the inventor. In such cases of joint inventors, they should be listed as co-inventors in the patent application.
Non-Disclosure to the Public
It is important to note that the invention should not have been publicly disclosed before filing the patent application. Public disclosure may affect the novelty and non-obviousness of the invention, possible jeopardizing its eligibility for patent protection.
Exclusions
Not all inventions are eligible for patent registration because certain subject matters are excluded from patent protection, which includes inventions that are contrary to morality, public order, or health. Scientific theories, mathematical methods, aesthetic creations, Discoveries, and computer programs are excluded from patentability.
DOCUMENTS REQUIRED FOR PATENT REGISTRATION
For the grant of patent in India Application form (Form 1)
Provisional or complete specification of Patent in duplicate and in case of provisional specification is filed; it must be followed by the complete specification within 12 months. (Form 2)
Drawing in duplicate only if it is necessary.
Abstract and material information of the invention made by the party in duplicate.
Information and undertaking highlighting the filing date, number & current status of each foreign patent application in duplicate (Form 3).
The Priority document to be attached when directed by the Controller, in case the priority date is claimed in convention application,
Declaration of inventor-ship, if the provisional specification is followed by complete specification or in case of convention or PCT national phase application (Form 5).
If filled a patent through Patent Agent then Power of Attorney.
Patent registration fees to be paid in cash, cheque or demand draft.
PROCESS OF INDIAN PATENT SEARCH
Visiting the official site
It is a free to do a patent search in India. A patent search can be done through online available at: https://iprsearch.ipindia.gov.in/publicsearch
Depending on the status of a patent application, a patent search can be done under two publication types i.e. published or granted.
Selecting the desired application
The user can choose the publication type by clicking on the checkbox. The user can view many categories such as
Application Date
Title
Abstract
Complete Specification
Application Number
Patent Number
Applicant Number
Patent Number
Applicant number
Applicant Name
Inventor Name
Inventor Country
Inventor Address
Filing office
PCT Application Number
PCT Publication number
Keyword search
Once all the categories are filled, the applicant can start the search by using the related keyword. After the completing of the process, the result will be shown, together with the details as follows:
a) Application Number;
b) Application Date;
c) Bibliographic Data;
d) Specifications;
e) Patent Status;
Inventor Name Search
InPASS helps people in the process of search, as they just need to enter the name of the inventor or applicant.
Patent Application Status
An applicant can check or view the status of his/her patent application in the abstract column.
Patent E-register
An applicant can check the status of his/ her patent application by selecting the second option, named Patent E-register.
CONCLUSION
The patent search is a strategic decision and depends on the subject matter of the invention. The patent search is conducted to retrieve and attain the required information to check whether the patent can be patented or not.
Individuals can do their own searches on the free patent search nevertheless, Patent search service is a highly complex matter and important decisions related to heavy future expenses on patents depend on the search for patents.
eStartIndia will help you with Patent Registration from the comfort of your home.
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