Before you spend anything on filing, find out what already exists. A patentability search compares your invention against the closest prior art and tells you where it genuinely differs.
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What the search looks for, what it can and cannot tell you, and why inventors choose LegalWiz.in to run one.
A patent search is the first thing to do before applying for a patent. Its purpose is to establish how different your invention is from what already exists, by finding the information already in the public domain that relates to it.
There are several kinds of patent search. The one performed before filing is a patentability search: a search of existing patents and other available documents for the closest existing versions of the proposed invention. Those documents are collectively called prior art.
It matters because the patent office will evaluate exactly that. During examination it assesses the claims for novelty, inventive step and industrial application, and a patent is granted only if all three hold. Knowing the closest prior art in advance is what lets you identify your invention’s most differentiating features, and what lets you defend or justify an objection when one is raised.
Everything below is handled by your relationship manager and the search team. You describe the invention once, under a non-disclosure agreement.
A patentability search is not a freedom to operate search. It tells you what exists that is close to your invention; it does not test whether your invention’s components are covered by someone else’s patent.
Registering a patent costs time and money. The search tells you whether the invention is genuinely new before either is committed.
Knowing the prior art is what lets the agent draft claims and a specification that do not overlap with an existing invention.
The examiner will cite the closest prior art. Having found it first makes the technical differences straightforward to show.
Registering a patent takes time and money. A search tells the applicant, before either is spent, whether the invention is really new or already exists in the public domain.
The patent office examines a proposed invention for novelty, inventive step and industrial application, and cites the closest prior art it finds. Having searched first makes the technical differences easy to show in reply.
The search helps the applicant and the patent agent draft claims and specifications that do not overlap with prior art, which is what makes a specification strong rather than merely complete.
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A short list, and none of it is shared with anyone. A non-disclosure agreement is signed before you send any of it.
Name, address and contact details of whoever is commissioning the search.
What it is, what it does, what makes it novel, and what it is used for.
Any drawings you have, for better clarity. Optional, but they usually sharpen the search.
Step 01
Step 02
Step 03
Subject to government processing time.
Fifteen working days from your brief to a written report.
2 of 15 working days
11 of 15 working days
2 of 15 working days
Subject to government processing time.
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No, a professional search is not mandatory. It is always better to have one done before applying, because it saves a great deal of time, money and effort.
Patent registration takes a lot of both, so it is worth knowing how patentable the invention is, and how wide its scope could be, before starting.
Disclosing information about an invention is genuinely risky: a patent cannot be registered once the invention has become public.
A prior art search is also important, so the answer is not to skip it but to choose carefully. Consult a company or a person you can trust, and have them sign a non-disclosure agreement before you share anything about the invention. For us, confidentiality is a matter of business integrity.
No. Every prior publication puts an invention at risk of being refused, and anything available in the public domain in any form counts as prior art.
A search report may therefore cite web pages, scientific articles and existing products as well as granted patents and published applications.
It is not necessarily the end of it. The granted patent can be reviewed to identify the scope for improvement, and an improved invention may well be patentable in light of the patented one.
That is one of the things a search is for: it shows where an idea can be modified to make it patentable.
No, and it is important to be clear about this. The purpose of a patent search is to find what already exists in the public domain that is closest or similar to the proposed invention.
The report does not test whether your invention’s components are protected by somebody else’s patent. That question needs a freedom to operate search, which is a different exercise.
Yes. A preliminary search of your invention on the internet is entirely possible and worth doing.
It is still worth taking professional advice afterwards. Searching, whether through a search engine or a patent database, depends on keyword strategy, and the accuracy of the result varies a great deal with the experience of the searcher.
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