Before submitting a patent application, a patentability search is an essential first step. It assists in determining whether your invention qualifies for patent protection and is actually novel. Finding any prior art—existing public disclosures—that could compromise the originality or inventive step of your concept is the aim of this search.
To be eligible for a patent in India, an invention must be new, non-obvious, and useful in industry, according to the Patents Act, 1970. In order to determine whether something similar already exists, a patentability search examines published patents, patent applications, research papers, technical documents, and other publicly accessible data.
By assisting inventors in determining whether to move forward, alter the invention, or reconsider the filing strategy, this search can save them time, money, and effort. The applicant can strengthen the claims to increase the likelihood of receiving a patent if comparable inventions are discovered.
A comprehensive search for patentability usually consists of:
Database of Indian Patents (IP India)
Global databases such as EPO, USPTO, and WIPO
Technical articles and scientific journals
Databases of Products and Market Publications
A professional patent search carried out by a patent agent or IP attorney is more dependable and thorough, even though inventors can do simple searches on their own. These professionals are skilled in interpreting claim language and analysing technical similarities, which can be crucial when determining possible roadblocks.
To sum up, a patentability search is a calculated step that improves the likelihood of obtaining robust patent protection, not merely a preparatory exercise. During the patenting process, it shields inventors from potential financial or legal setbacks and assists them in making well-informed decisions.