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PATENT SEARCH

WHAT IS A PATENT SEARCH?

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Getting a patent gives the owner the right to prevent others from

using, making, importing or selling inventor’s invention without his/her approval. Before a patent is granted a thorough check is done on
whether the process or product is inventive; or a novel hasn't been anticipated in any published document; and is industrially applicable. 

It involves a search of the intellectual property regulator of
India’s database, to check whether there exists an object or invention that is the same as or similar to the applicant's invention.

WHY IS A PATENT SEARCH ESSENTIAL?

Every year, patent authorities are flooded with thousands of patent applications. But, not all applications are approved by the authorities. The reason being there are various other similar inventions/applications or the steps involved in the invention and hence are not innovative. For example, pharmaceutical companies in India file for patents every year whenever their research and
development teams invent a product or mostly the steps to formulate or prepare a particular active ingredient (drug). Often, these drugs are not innovative enough and the innovation does not usually gets registered. 

 

Thus, instead of wasting time and money on the patent process, it is best to find out through Patent Search that if there are any similar inventions/applications patented already.

Documents required for filing a Patent in India:

  • Complete specification

  • Drawings

  • Name, address, and nationality of inventors

  • Name, address, and nationality of applicants

  • Power of Attorney (To be filed in case the application is filed by a patent agent)

  • Assignment Deed or Application Form endorsed by the inventor (if the inventors are not the applicants)

  • Details of corresponding applications filed in other countries (Information and undertaking under Section 8)

  • Verified English translation of the priority application (required for convention applications).

  • Verified English translation of the PCT application (required only for national phase applications)
    Agent can verify the English translation of PCT application on behalf of the applicant.

  • Certified copy of the priority application, if requested by the Controller (required usually for convention applications, but may also be requested for national phase application in case the priority document was not submitted with the International Bureau)

  • Sequence listing in computer-readable text format (if any) (no print form is required to be submitted)

  • Permission from National Biodiversity Authority (in case any Biological material used in the invention is from India).

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