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What is Patent Search and what importance does it hold?

Before applying for the patent, a patent search is the first thing that is to be done. A patent search’s main purpose is to determine how different an invention is from what already exists.

The patent search provides an idea about the information available in the public domain related to the proposed invention.  A patent search will help identify and compare the similar or relevant patent or non-patent document to decide about patentability of the proposed invention.

There are different types of patent search but when we are performing with the purpose of filing patent, it is called as a patentability search. Patentability search is a search of existing patents and other available documents to find out the closest existing things of the proposed invention. This patent literatures and other available documents are referred to as “prior art”.

During patent examination, the patent office will evaluate the proposed invention, mainly patent claims for its novelty, inventive step and industrial application. If it satisfies all, then only patent is allowed. Therefore performing a patent search will help understand the closest prior art and defend or justify any objections raised by the patent office during the examination.

The patent search’s importance is that the inventor/applicant can identify the closest prior art and can determine the patentability of their invention and identify the most differentiating features of their invention in comparison to prior arts.

Benefits of Patent Search

Documents required for conducting Patent Search online

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Frequently Asked Questions

A professional patent search is not mandatory but it is always better to get it done before applying for patent registration. It saves a lot of time, money, and labor. The patent registration process involves a lot of time and money both, therefore, it is better to be aware of the invention’s patentability and scope.

No, disclosing any information about your invention is risky, as a patent cannot be registered once it becomes public. On the other hand, prior art search is also very important and it is always preferable to consult a professional regarding it. Therefore, because of the crucial nature, it’s better to consult a trustworthy company or a person and ask them to sign a non-disclosure agreement before providing any information regarding your patent to them. LegalWiz.in can be your trustworthy partner for registering patents. For us, confidentiality is a matter of our business integrity.

If the idea of the invention is already patented, one can review the granted patent and identify the scope of improvement to have improved invention which can be patentable in light of patented invention. Thus, Patent Search helps to modify the patent idea and make it patentable.

Every prior publication puts an invention at risk of being declined as a patent. Each and every information available in public domain in any form is considered as prior art. The patent search reports may also include web pages, scientific articles, products, etc.

No, the purpose of a patent search is to evaluate if any invention available in the public domain which is closest or similar concerning the proposed invention. The patent search report does not claim to test if your invention’s components are protected by other patents. For this, you need to perform a freedom to operate search.

YES. You can do a preliminary search of your invention on the internet. However, it is always advisable to take consultation of professionals.

As a disclaimer performing patent searches, whether through internet search engines or other databases requires the use of keyword searching, which is an art that takes a lot of experience to do well. As such result and accuracy will vary with the experience of the searcher.

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Call us at: 1800 313 4151 or Email us: support@legalwiz.in

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