Patent Search

What is a Patent Search?

An important step before filing a patent application is to conduct a patent search. Just as companies need to do due diligence before taking on any business venture, likewise patent owners need to do patent due diligence before filing a patent application. A patent search is a search conducted in patent databases as well as in the literature available, to check whether any invention similar to the invention in respect of which patent is to be obtained, already exists. In other words, it evaluates inventor’s chances of getting a patent grant. Therefore, instead of going forth with the filing, if one conducts the patentability search, one can get a clear idea about the patentability of the invention; whether the application should be filed and the strengths and weakness of his invention.

Since patenting is an expensive procedure, it is prudent to conduct a patentability search before filing an application. Although there is an additional expense associated to have a patent search performed, it can potentially save the inventor’s money down the road.


Following are the conditions of patentability:
     • Novelty;
     • Inventive Step; and
     • Industrial Applicability
The term of patent shall be twenty years from the date of filing application for patent.
To keep a patent in force, the renewal fees should be paid at the expiration of the second year from the date of the patent or of any succeeding year and the same should be remitted to the patent office before the expiration of the second or the succeeding year. The period for payment of renewal fees may be extended to such period not being more than six months if the request for such extension of time is made in Form 4 with the fee specified. While paying the renewal fee, the number and date of the patent concerned and the year in respect of which the fee is paid is required to be quoted. The annual renewal fees payable in respect of two or more years may be paid in advance.
The expiration date of patent is 20 years.
Details of the invention in the form of CD or pen drive mentioning the name, comparison with other existing products, uses and data of publication (if any). Applicant information shall also be provided.
Yes, absolutely. As many patents are invented every year, it is important to make a valid search to avoid unnecessary time and cost.
No, there is no patent worldwide. Patent application filed in India is applicable only in India.
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