An invention is patentable when it is unique, industrially useful, and does not appear to be an obvious extension of an existing invention.
Indian patents take two years to get since they offer the owner a competitive advantage of 20 years, so they are thoroughly examined. It would be pointless to apply for a product or process that already exists in some form, considering how long it takes. This is why prior art searches are so important.
Inventors often believe they can handle patent issues without consulting a patent attorney. The result is that they save up to 50% on their patent lawyer fees. You may waste time and money on an already available invention by using this cost-cutting strategy.
Why Do Patent Searches Exist?
The Patent Office grants thousands of patents, examines many more applications, and also deals with hundreds of thousands of provisional patent applications each year. As a result, there are likely to be many more Patents will be granted in the future. You’ll be able to patent inventions similar to your own. It is likely that the details in these patent applications will impact your application in some way. An online database of all of them is available at the Patent Office, where you can search by several parameters.
The following parameters are available:
- Thesis/ Title
- Number of the application
- Number of the patent
- Name of applicant
- Name of the inventor
- Country of Inventor
Patent Searches: Importance
- A patent search can be used to determine whether an invention is patentable (or how far it is patentable). Many inventors lack an understanding of the scope of patentability under the law.
- When drafting the claims for your invention, your patent agent or attorney should be aware of the prior art. In order to determine whether patent rights can be pursued, a search for patentability must be conducted. In the course of the search investigation, one can determine the strength of the innovation and pinpoint claims that do not infringe on patents or fall within the prior art.
- Innovations may not always be original, and patent searches may uncover similar patents and inventions.It may be possible to come up Through reading the prior art literature, one can refine the invention with new ideas and make it patentable.
- A literature review in the field of invention can provide insight into the strengths and weaknesses of the present invention. The Patent Office is less likely to reject patent applications written in this manner. Furthermore, it will serve as a guide for whether or not to file further applications.
- Moreover, a patent search can reveal companies that are interested in obtaining patents on your invention. If the companies are interested in licensing your invention, you can contact them.
- Patents that have not been commercialized tend to be few and far between in the database. By searching for patents, you may be able to discover why commercialization is not viable, so that you may decide whether or not to continue the filing process.
When Conducting A Patent Search, There Are Several Things To Keep In Mind
- It is important for the applicant to describe their entire invention when applying for a patent.
- Despite being denied, their patent application will be considered prior art, freely available to all.
- In many cases, their opponents gain access to their hard work as a result.
- A patent review could prevent such a situation.
- While one’s invention cannot be patented, it can still be used as a business secret and given away to others for profit.
- Investors should assess patentability before investing in patent applications.
What Is A Patent Attorney’s Role?
Searching popular industries returns a lot of results. Considering your expertise in the industry, you will be able to determine whether your invention is similar to theirs. Still, you should consult a patent attorney.
- It occurs as a result of patent attorneys’ familiarity with the patent database.
- They know the search terms to use when applying.
- When you interpret the similarities between your inventions, etc., they can tell that you are capable of doing it.
- Additionally, they can advise you on whether to frame your application
- By listening to their advice, you can better understand how different it is from similar ones.
When you have an idea, do you have to hire a patent attorney? Not at all. You should perform a prior art search before you begin. It should be obvious whether your application clashes with an existing one.
To Sum Up
Rather than hire a patent attorney, you can save money by doing this. Even if you expect to save money from a failed patent application, you may end up spending more time and money in the long run. You should always follow what the Patent Office advises.