Patent Search2018-09-07T09:40:31+00:00

PATENT SEARCH

We perform patent search for all the existing inventions on the idea that you are trying to patent. If there is a patent already on the idea you are considering, then patent is not granted. Patent search saves you from the effort of going through the year long registration process. Our package includes:

Prior Art Search- Includes searching the Patent database

Approval Chances- Inventiveness is compared with similar works

Recommendation on whether to apply for Patent

Apply For Registration

PATENT SEARCH

A patent gives its owner the right to prevent others from making, using, importing or selling the invention without approval. Before such a right is granted, there obviously is a rigorous check on whether the process or product is inventive (i.e. isn’t obvious), novel (hasn’t been anticipated in any published document) and industrially applicable (possesses utility). It involves a search of the database of the intellectual property regulator of India to check whether there exists an object or invention that is the same as or similar to applicant’s invention. This is also known as a prior art search.

A patent registration helps you to get a patent of an itellectual property right to an invention carried out by an individual or firm. IP department has been initiated by Indian government to grant you the full right to register your invention under patent (but only if it is unique). In return the inventor must produce all the proofs related to the invention as asked by the government. It also ensures that owner gets more preference over other person for your particular invention. In India, Patent is being governed by the Patent Act 1970 & Patent Rules 1972.

Patent does not long for a lifetime. If you file a patent now then after a period of 20 years it falls under the public domain. The invention can be anything such as process, art, method to manufacture, particular apparatus, machine, computer software, technical application, chemicals or drugs. Online Patent Registration or online patent filing in India can be done through Legalraasta which act as patent agent in Delhi NCR, Mumbai, Bengaluru, Chennai & all other Indian cities.

Procedure of Patent Application

Step 1- Fill Patent application form

All you need to do is complete our simple form and provide your basic information which will be required while filing for patent registration to get a patent.

Step 2- Conduct Patent Search (1 working day)

After receiving all the documents from your side, we will conduct a patentability search for you.
 
 

Step 3-Patent Application (3 working days)

On basis of your basic information and documents, we will draft your Patent application.
 
 

Step 4- Patent Submission (2 working days)

After the final review, we will file the Patent application with Indian Patent office.

Step 5- Your Work is completed

After submitting all the documents and Patent application, we will mail you the acknowledgement regarding same.
 

Advantages of Patent Search

Test of Inventiveness- Before paying the government fees for a patent, it is sensible to do a search to test the inventiveness of the product or process. It’s the only way to know how likely it is for your patent to be granted. While you may be aware of what has already been shown to have commercial uses, it is entirely possible that a competitor has patented a product or process similar to yours, but not begun using it yet.

Improves Approval Chances – Note that even similar products or processes, if already patented, could cause your application to be rejected. If a patent has been granted to a product or process similar to yours, you would be able to frame your application to reflect how yours is different.

Frequently Asked Questions

1. Does Indian Patent give protection worldwide?
Patent protection is territorial right and therefore it is effective only within the territory of India. However, filing an application in India enables the applicant to file a corresponding application for same invention in convention countries, within or before expiry of twelve months from the filing date in India. Therefore, separate patents should be obtained in each country where the applicant requires protection of his invention in those countries. There is no patent valid worldwide.
2. What can be Patented?
An invention relating either to a product or process that is new, involving inventive step and capable of industrial application can be patented. However, it must not fall into the categories of inventions that are non- patentable under section 3 and 4 of the Act.

3.Who can apply for a Patent?
A patent application can be filed either by true and first inventor or his assignee, either alone or jointly with any other person. However, legal representative of any deceased person can also make an application for patent.
4. What are the criteria of patentability?

An invention to become patentable subject matter must meet the following criteria –

  1. It should be novel.
  2. It should have inventive step or it must be non-obvious
  3. It should be capable of Industrial application.
  4. It should not fall within the provisions of section 3 and 4 of the Patents Act 1970.

5. What is a Provisional Specification?
Indian Patent Law follows first to file system. Provisional specification describes the nature of the invention to have the priority date of filing of the application in which the inventive idea has been disclosed. It must be followed by a complete specification describing the details of the invention along with a statement of claims within 12 months after filing of the provisional application. If the complete specification is not filed within the prescribed period, the application is treated as deemed to have been abandoned
6. What is the Term of Patent?
Term of every patent in India is 20 years from the date of filing of patent application, irrespective of whether it is filed with provisional or complete specification. However, in case of applications filed under PCT the term of 20 years begins from International filing date.