PATENTABILITY SEARCH

Before heading to patent your invention, it is very essential to figure out whether your invention is actually new and original; whether it can be patented. Patentability search helps you find out if there are any hurdles to your patency. You can understand with the help of patentability search if something same or similar to your invention already exists in the world. Patentability search is a tactical, object-oriented method of searching for the patents already granted, Non-Patent Literature (NPL), publications in any form, etc.

A document furnishing similar details, from any part of the world can halt your patent registration endeavours if the said document carries a date prior to your filing date of patent.  It does not matter if you want to patent your invention only in India. To get complete patent, your idea must be novel to the whole of the world. You must carry out world-wide patentability search. It is crucial to have access to worldwide patent data and articles. Also, having the right search tool is as important as having access.

WHY PATENTABILITY SEARCH?

    1. It helps you determine if a similar invention is already out there.
    2. It helps you reach an informed decision for filing of a patent application in the Patent Office.
    3. It helps you avoid infringement of any third-party intellectual property.
    4. Search can help you validate your own patent claims or invalidate the claims of your competitor.

If you want to patent your invention in India, you may conduct a patent search in India through IP India public search engine for the information. As already mentioned, patentability search lets you know if there are other inventions that are similar to your invention. But similarity is often subjective.  So, based on the extent of the novel and inventive features of the invention and the similar invention that already exists, a patentability search is divided into the following relevancy criteria:

    • Relevant
    • Related
    • Distantly related
    • Non-relevant

While doing patentability search, it is important to carry out the search without any date restrictions. Because, the invention must be new. The search needs to be carried out globally as well. Any type of document can negate the patentability of your invention- even a non-formal reference. So, it is important to consider all types of documents while doing patentability search. It will be heedless to ignore or misconstrue the size of non-English literature for patentability projects.

Patentability search lets you know if you are safe to go ahead with your patent registration ventures. You can modify or improvise the specifications of your inventions, or abandon your patent registration plans, if patentability search shows at least one similar result.