Posted by A patent search is the procedure of assessing the patentability of your innovation. Patent applications will be disapproved by any authoritative patent offices you apply to if a recognised patent for the same innovation already exists. Therefore, establishing the assessment of originality of the innovation before investing too much time and money in it is highly recommended.
Conducting a patent search on your own is not so tough. Many investors and businessmen organise their own patent search to save money. However, if you can afford it, then it is always a good idea to seek professional assistance for a more detailed search result for Trademark Registration Process.
Importance of patent search
Thousands of patent applications are filed each year with patent agencies. The authorities do not approve all applications. The reason for this is that the invention contains other similar inventions/applications or methods that are not novel.
Pharmaceutical businesses in India, for example, file patent applications every year when their research and development teams come up with a new product or, more commonly, the “steps” to synthesis or extract a specific active ingredient (drug). These medications are frequently non-innovative, and the invention is not documented. Rather than wasting time on the patent process, it is preferable to conduct a patent search to see whether any similar inventions/applications have already been patented.
Benefits of Patent search
- A patent search saves our time and money on an innovation that is already existing.
- A patent search may assist in examining the patentability of the product you have invented before wasting your money in an expensive patent application procedure.
- A patent search assists in determining if a company’s ongoing new product will violate any patents that are effective and avoid an expensive patent infringement litigation.
- A patent search may assist to find information of competitors or help in recognising potential partners.
- A patent search may assist to decide the value or validity of a patent before purchasing, selling or licensing it.
- A patent search may disclose trends in certain technological fields.
- A patent search reveals expired patents associated with products that are then in the public domain and hence one can use the invention without paying for the royalty.
- A patent search may provide information to assess the strength of a company’s patent portfolio.
Steps to do patent search for products in New Delhi
Conducting a patent search is the toughest part of the patent procedure. It’s most difficult because it’s often a very formidable task.
Here are some steps that you can follow to conduct patent search associated with the products:
- First you have to understand what is patent search? And what is not. When conducting a patent search, it’s critical to have a clear understanding of your objectives. It’s best to set realistic expectations from the start so you’re not disappointed or perplexed after you’re through.
- Before conducting the search on the results, your Patent Attorney should understand the innovation as well as you do. A good patent attorney will check out the whole innovation by interrogating, searching for more information about certain features and applications.
- Once the innovation has been revealed, you can identify 3 or 5 key features. The features can be visible as functions. The purpose of spending time identifying critical characteristics is to ensure that all areas of the invention are covered without duplicating work.
- Conduct a wide search for each of the elucidated key features using the Google patent which is the best common language search in the world.
- Searching inside the appropriate patent classification is the best way to uncover patent documents that are as same as your innovation. As you begin to collect inventions that are similar to yours, you will need to gradually get familiar with the various patent classification systems available.
- Once the broad search is done, it is very necessary to conduct searches using other search engines that may have an approach to domestic and international patent publications that Google may not.
Difference between patent and trademark registration process
Patents are typically used to protect innovations that are either new products or procedures for industrial application. Other kinds of intellectual property protection, such as copyright, are significantly less powerful than patent protection. The goodwill connected with the logo, phrase, or a combination of these features is protected through the trademark registration process. The patent, on the other hand, protects concepts that are turned into reality.
The primary objective of a trademark, on the other hand, is to prevent unfair activities by granting exclusive rights to brand owners. Patents cover inventive concepts, but they rarely cover specific words or slogans. As a result, both trademark registration and patent registration are advantageous in their own ways.
The trademark registration process is discretionary. It is up to the businessman whether or not to register the trademark. On the other hand, patent registration is compulsory. Trademark registration is valid for 10 years while patent registration is valid for 20 years. Trademark registration fees are less costlier than patent registration fees.
Trademark Registration Process in India
Here are some simple process of getting trademark registration in India:
Step1. Trademark Search: The first step is to organise trademark search. You should carry out searches for various combinations of the same marks on the intellectual property website.
Step2. Prepare Application: In the second step, Trademark Attorney prepares application for the approval and signature of Trademark applicant.
Step3. Government procedure: Once the application for a trademark is filed and government processing starts, the trademark application should be checked periodically.
Step4. Filing for Application: In this step, trademark application filing is completed with registration of trademark. The Government trademark registration fees for an applicant, small business is Rs. 4500.
How to obtain patent in India
The Patents Act, which governs the filing and regulation of existing and new patents in India, is the central body. According to the Act, the inventor, his assignee, or one of his legal representatives can apply for one at the Indian Patent Office’s head office or one of its branches, depending on the applicant’s jurisdiction.
If the applicant is not a citizen of India, he or she must file the application in their home country (where the address for service of the applicant is located).
Which inventions are patentable
Any asset or invention that is eligible for a patent must meet three basic criteria:
- It has to be one-of-a-kind and unique. This means that the invention must be brand new and there must be no existing evidence of it.
- It has to be one-of-a-kind. An individual’s contribution to contemporary technology cannot be patented.
- It has to be beneficial. It must provide value to the ordinary man’s life and must not benefit or support the usage of illegal substances or be used for any unethical purpose.
Steps to apply for patent
Obtaining a patent through a registered agent is always advised. The following are the steps involved in obtaining a patent:
Step1. Invention disclosure
Step2. Patentability search
Step3. Decision to file an application for patent
Step4. Patent drafting
Step5. Filing the patent application
Step6. Request for examination
Step7. Grant of patent
Step8. Renewal of patent
Even though the whole procedure of filing a patent is long and complicated, one must remember the significance it has. With digital development, it is possible that the procedure might get simplified and easy.
No person can claim rights over your innovation if you have a patent in place. Even if there is any violation of a patent, you can take assistance from legal authorities and prevent the issues that can prove to be obstacles in your growth.