How do you Check the Status of your Patent and do a Patent Search?

If you want to apply for a Patent and before applying for it want to do a prior Patent Search then you just need to follow the aforementioned steps or if you have already applied for the Patent registration and want to check your Patent Status then you must be required to follow the guidance provided you through this Article. Let’s indulge deeper into the world of Patent Searches and Status. 

What is a Patent?

A Patent is a legal document received by the Inventor from the government that gives authority and the ownership of the invention to the inventor. With the help of a Patent registration, it gives the inventor sole authority to use their right of the preservation of the invention against any infringement and unauthorized use. A Patent is valid for 20 years from the date of its issue. 

People Also Read: What are the Common Mistakes Committed during Patent Licensing?

Patent Principles 

Three Principles make up a Patent and to register an invention as a Patent the Patent is required to go and fulfill all these three-pointers and these are:

• Novelty: It is the uniqueness of the invention that has not been used or developed to date. 

• Inventive Step: An inventive step is termed as such invention that an expert craftsman working in the same industry treats as an inventive step and that has not been developed by anyone to date. 

• Industrial Application: The invention should have some industrial application and it also aims at resolving some of the common problems prevalent in the industry. 

Advantages of a Patent 

There are some advantages offered to an Inventor with the help of registering their Patents and these are as:

• A Patent offers the inventor an economic advantage by offering them a royalty by selling the rights to use their Patent.

• Registered Patents offer a kind of protection to the Inventors against the infringement of the invention.

• It helps in boosting the morale of the people in inventing the technology more. 

• It allows the inventor to use and protect their invention for 20 years. 

People Also Read: Procedure for Filing a PCT National Phase Application in India

Disadvantages of a Patent 

Apart from the above-mentioned advantages, there are some disadvantages of a Patent which is important to be discussed and these are as:

• Patent registration is a costlier and lengthy procedure that is not affordable to anyone.

• A registered Patent is only applicable in the country of its origin. 

• The applicant is required to reveal a lot of information regarding the invention it sometimes poses a risk of it being misused. 

• The applicant is required to pay a hefty amount as the fees for registering their Patents. 

• The applicants are also required to pay yearly renewal fees which might not be affordable to anyone. 

Objectives served by Patents

A registered Patent fulfils some of the important objectives that work towards the upliftment of the society and the individual Inventor and these runs as:

• Development of different products boosts the morale of others to develop such kinds of inventions. 

• To register the Patents all the important information related to it is required to be released rather than kept as a Trade Secret. 

• Apart from the encouragement to the individual inventors a Patent also gives the morale to the business to work more on the products/business to boost their business. 

• Various kinds of incentives are provided to the inventors that help the investors to use in their expenditures until the time a Patent starts to be earned. 

What is a Patent Search?

A Patent Search is a search performed by the inventor, researcher, or businesses to understand thoroughly the available landscape of the Patent in the market to avoid any kind of Patent infringement as the Patent Law recognizes the pre-grant and post-grant opposition rights. A Patent Search allows the inventor to check the Patent databases and understand if an identical or similar application for an invention as that of the inventor is pending with the Patent Officer. 

Patent Documents

An investor is required to be well-versed in the Patent documents for Patent Search and these documents are as:

• Title of the Invention: The title of the invention depicts the invention.

• Abstract of the Invention: The abstract of the invention provides a summary of the invention.

• Description of the Invention: It describes the technical details, operations, and structure of the invention.

• Claims of the Inventor: The Claims section of the invention application provides the specific features of the invention unique.

• Drawings: As the name implies drawings are examples or illustrations that aid in understanding the invention in more detail.

• Patent Numbers and Filing Date: These are the unique identifiers for each Patent.

Importance of Patent Search 

In the process of registering your Patent, a Patent Search stands as an important search before heading towards registering the Patent. The importance of Patent lies because:

• Grant of the Patent: A Patent Search gives the probability to the inventor if their invention is worth getting Patented or not. 

• Infringement Avoidation: By doing a simple Patent Search the inventor can save themselves from pre-grant and post-grant infringement claims. 

• Aids in Research and Development: With a Patent Search an inventor can better understand the market trends and the technology trends in the industry adding in the proper research and development. 

• Analysis of the Market: As we have already discussed a Patent Search allows the inventor to analyze the trend of the market/industry in which they are developing their invention and understand their competitors in a better way. 

• Better Decision Making: A Patent search allows for better decision-making by the inventor. 

• Determining Claims: With the help of Patent Searches the inventor can understand the claims to be put in their applications in a more better and systematized manner. 

Available Patent Databases in India 

There are three Patent databases in India on which a person can perform their Patent Searches and these are as:

• Indian Patent Office: The Indian Patent Office is the official website of the Indian Government which is used to do a Patent Search in India. 

• WIPO Patent Scope: The World Intellectual Property Organisation (WIPO) Patent Scope (database) allows an inventor of the Patent to perform a Patent Search in Indian Patents as well as in International Patents. 

• Google Patents: Google Patent is a wide platform/database that allows an inventor to search for a variety of Indian Patents. 

How to do a Patent Search perfectly?

Some important points are required to be kept in mind by an applicant while doing a Patent Search and these pointers will prove to be on point by following the below-mentioned steps:

• Understanding the Patent Search: There is a very fine line of difference between the Patent Search and performing a prior-art search. The inventor is required to do a Patent Search to understand the documents that will have an impact on the invention of the applicant. 

• The Goal of the Patent Search should be jotted down: The goal of the Patent Search is to understand the Patentability of the invention. The goal is to be novel and unique in every invention which can be understood with a Patent search.

• Identifying the Keywords: The Inventor is required to identify the keywords applicable to their invention according to the industry in which they have invented.

• Opt for Boolean Operators: The inventor is required to perform their search with the help of boolean operators such as AND, and OR words that will help them in combining or excluding keywords.

• Use of Advance Searches: The inventor is suggested to use the search engine databases in a more optimized and technical manner by doing thorough research such as field-specific research, inverter names and date ranges. 
• Use of Classification: In the end, the inventor is required to use the classification of the countries such as the Indian database or the Internal database to get the most apt result for their searches. 

Reading and Analysing Search Results

After getting the Patent Searches the inventor/applicant is required to read and analyze the search results in a manner that will help them in every best possible manner. The key points that the reader is required to keep in mind are as:

• Reviewing the Documents: The Patent documents are the bible to the inventor they must be thorough and the inventor is required to review the Patent documents along with the claims that will be beneficial to them.

• Identifying the Similarities: The inventor is required to identify the similar Patents to that of their invention and find the probability that a similar Patent can pose a risk to their invention. 

• Status of the Patent: There are three types of statutes Patent Active, Expired, or Lapsed. This status helps in understanding the situation of the competition. 

How to find the Patent Owners  

• Assignees and Inventors: These are the parties who are the inventors of the Patents. This data is to be used to identify and contact the Patent Owners. 

• Exploring the Patent Databases: As we have already discussed the different types of Patent databases available to perform the Patent Search properly. Corporate databases and Business Directories also can be looked upon.

What is the importance of Conducting a Patent Search?

A Patent Search is an important step in obtaining a Patent as it will enable the applicant to know their application a little more in advance. The importance lies in for:

• Status of the Existing Patents: With the help of a Patent Search it becomes easier to understand the previous Patents that have been granted and if any similar Patent for the invention exists. This will eventually help in reducing future legal issues. 

• Future Claims: A patent search allows the inventor to analyze future claims and understand the current market trend that aligns with industry standards.

• Determining the Operations: A Patent Search allows the inventor to choose the freedom to operate in India.

• Patent Validity: Patent Search allows the validity of the Patent and whether the approved Patent can become invalidated after registration. Patent Search also allows the inventor to understand the potential challenges that can be posed by the already registered Patent holders. 

Challenges Faced During Patent Search

There are some parallel challenges which are faced by the applicants while performing the Patent Searches and these challenges are as:

• Advancement in Technology: With the advancement in technology the inventor/applicant is required to be updated with the updates in the technology.

• Unupdated Records: At times the records and Patent databases are not updated which in turn may prove challenges in getting the exact Patent Search.
• Language Issues: Sometimes language barriers pose a risk in understanding the Patent Search results. 

Steps to Checking the Status of the Patent

• Visiting the Patent Database: The first step in checking the database is visiting the Indian Patent database website. 

• Application Details: The application number followed by the Title, Application date, and Status in the Search bar to proceed further with obtaining the status of the Patent.

• Application Hyperlink: The applicant is required to click on the application hyperlink that will open up the application details, investor details, and specifications.

• View Application Status: A new window will open up and at the last of the window there is a tab called View Application Status and you can successfully view the on-time status of the application. 

Conclusion  

With a Patent Search, an inventor can understand the future of their application and also after applying to the Patent Officer the applicant can verify the status of their application with the help of the Patent database. 

Frequently Asked Questions 

Q1. How do I check to see if a Patent already exists in India?

Ans1. Searching for a Patent the person can check the availability of the Patents on the website of the Indian Patent database. 

Q2. What are the 5 requirements of a Patent?

Ans2. The requirements for a Patent are Novel, Inventive Step, Utility, Patentable subject matter, Non-obviousness, and Enablement. 

Q3. How do I verify Patent rights?

Ans3. Firstly, the schedule of the Patent is required to be examined followed by the verification of the Patent rights with the help of the certification of the Patents. 

Q4. What are the different statuses of Patents?

Ans4. The various statuses of Patents are approved, denied, withdrawn, re-examined, re-issued, or became inactive.

Q5. What are the 4 Patents?

Ans5. The four types of Patents are Utility Patents, Provisional Patents, Design Patents, and Plant Patent. 

Q6. How much does it cost to check a Patent?

Ans6. The fees for checking the Patent in the Patent database are nil. 

Q7. How do you prove a Patent?

Ans7. Patent ownership is proven with the help of the Patent assigning document. 

Q8. Can someone copy my Patent?

Ans8. Yes, Patents can be copied but with the help of proper legal action, the infringement of the Patent can be prevented. 

Q9. What cannot be Patented in India?

Ans9. Plants and Animals apart from the microorganisms cannot be Patented in India. 

Q10. Can two people own a Patent?

Ans10. Yes, under the regime of Joint Ownership, two people can own a Patent