Patentability Search Process: The First Step to Secure Your Invention

Patentability Search Process: The First Step to Secure Your Invention

Blog Article

Finding out if your invention qualifies for protection is essential before submitting a patent application. A patentability search, sometimes referred to as a prior art search, is used to accomplish this. Finding any existing information that might affect the novelty or originality of your invention—published patents, research papers, or public disclosures—is the aim.

An invention in India must fulfil three primary requirements in order to be eligible for patent protection under the Patents Act, 1970:

Novelty: It needs to be brand-new and unreported anywhere in the world.

Inventive Step: An expert in the field shouldn't be able to tell.

Industrial Applicability: It needs to be able to be utilised in the industrial sector.
Steps in the Search for Patentability:
Recognise the invention
Determine the problem the invention solves and break it down into its essential technical components.

Lookup Databases
To look for related inventions, use patent databases like Google Patents, WIPO (PATENTSCOPE), IP India, and the USPTO.

Examine Previous Art
Examine the discovered documents to determine whether your invention is genuinely unique and not readily apparent in contrast.

Get a report ready.
A thorough search report identifies pertinent prior art and offers guidance on whether to move forward with the patent application.

Inventors can conduct their own patentability searches, but hiring a patent agent or lawyer guarantees a more complete and accurate evaluation.
In conclusion, one of the most important steps in the patent process is a patentability search. By spotting possible hazards early, it helps you improve your application for a better chance of success and saves time, effort, and money. It serves as the basis for deliberating intelligently about safeguarding your invention.