Patents are registered for brand names or trademarks that a company developed from years of experience, expertise, and resources. They have important significance for the business as registered patents get legal protection against unfair usage by others. It also ensures that others can’t use your patent like a brand name to defame or reduce business credibility in the market.
Did you know? A registered patent can’t be used by anyone other than the registered owner itself.
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How to Do Patent Search in India?
The process to search for patents associated with a product with an already registered patent and the one available is one of the easiest tasks. You can easily get the details of a registered patent from the official website of The Indian Patent Advance System Search. You may also collect the information of the registered owner of the patent along with the date on which the patent was registered, the name of the inventor, along with various other relevant information about the patent.
Steps to Register Patent
All you need is to visit the official website of the Indian Patent database Advanced Search System to get started, the link is as follows -
- Intellectual Property India (ipindiaservices.gov.in)
Step 1: Visit the Website
Under the type of patent application, an Indian patent search can be categorised into a published or granted application. The applicant can choose the application type by clicking on the checkbox and you can see various categories as under:
- Application Date
- Title
- Abstract
- Complete Specification
- Indian Patent 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
Enter the relevant details and you may find that there is a search box next to every category of details from where you can search for available patents by entering the keywords of your patent. Upon entering all the details, you will be required to enter the captcha to continue further.
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Step 2: Patent Information
Once you clear the captcha, based on the information you had entered in the previous step, the results will appear based on application number, patent number, title, inventor name, etc. You may further investigate the details of the registered patents based on your query. This way you will eliminate the patent name already registered. You may find the following information about the registered patent on the website.
- Invention Title
- Publication Number
- Publication Date
- Publication Type
- Application Number
- Application Filing Date
- Priority Number
- Priority Country
- Priority Date
- Field of Invention
- Classification
- Inventor Name, Address, Country, Nationality
- Applicant Name, Address, Country, Nationality
Step 3: Patent Application Status
From the information entered, you will be required to choose two options: abstract or complete specification. Choose the one that suits your requirement. Once you fill in all the details, you can view the information on patents already registered under the different headings mentioned in Step 2.
There you will see the details of the patent that are already registered. This information will help you to avoid the mistake in your Indian patent search application.
The Importance of a Patent Search in India
It is important to recognise the importance of an Indian patent search. Conducting a patent search in India can help you in the following ways:
- Know the patents already registered
- If you are the original inventor, you may file a legal suit to claim the rightful title.
- If your patent is not claimed, you may register it
- You may know whether a granted patent is invalidated.
- You will know more about similar inventions and the status of patent findings.
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All About Indian Patent Advanced Search System
Indian Advanced Search System is developed, designed, and maintained by The Indian Patent Office under the Department of Promotion of Industry and Internal Trade of The government of India. The department was set up in the year 1856 during the initial wake of Industrial development in India recognising the need for the protection of intellectual property in India. In the same year, the first patent was registered by Mr. George Alfred Depenning of Calcutta for the invention of “An Efficient Punkah Pulling Machine”. This was the first invention that granted legal protection from the government of India.
There were various amendments made to the Indian Patent Act and the rules made under it. The last amendment was made in 2005 to recognise the need to protect patents regarding software innovations but was later on withdrawn due to the implications in the practicality of the amendment.
The department of Industry and Internal Trade has 5 administrative offices -
- Patent Office
- Designs Registry
- Trademarks Registry
- Geographical Indications Registry
- Patent Information System
The patent office is headquartered in Kolkata with regional branches in Chennai, New Delhi, and Mumbai.
The Patent Act, 1970
The laws related to the protection of intellectual property in India have gone through many changes. The Patent Act, of 1970 replaced the previous Indian Patents and Design Act, of 1911 to recognise the need of Indian businesses. The previous Act was made during the colonial period which borrowed acts from Britain.
It is important to understand here that innovative and competitive industries require patents usually to stand out from competitors. Industries like automobiles, pharmaceuticals, consumer durables, etc invest a lot in innovative technology to improve the customer experience.
However, it is quite often observed that companies charge more for patented products because substitutes like medical drugs are not available. This passes a burden of extra cost on to the consumers. The government of India recognised this and made amendments to the Act in 2005 which incorporated many benefits for customers as followed:
- No extension of product patents in the sectors of pharmaceuticals, foods, and chemical
- The maximum term for protection of a patent is 10 years from the date of filing for application, and now further extension is allowed in a few special circumstances
- Special provision for the protection of intellectual property, research, and development for Multinational Corporations.
Conclusion:
Patents are an important source of innovative protection. An industry that lacks innovation, legal protection usually struggles for profitability like the FinTech industry. You as a business person should recognise the need for patent registration. But before that, you will check for patents already registered and for that follow the 3 steps mentioned above in the article. So, what are you waiting for, go and start the patent search in India.
Patent search in India helps you to determine the probability of having a patent granted to a proposed invention. You can also find out whether the patent you are proposing to register is already registered or not with the Indian patent database. This way you may claim your rightful title from the court of law by showing the evidence that the patent belongs to you.
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