Intellectual Properties
IP Infringement and Legal Remedies in India
Intellectual property is more than a legal concept. It is business asset that carries real value.
5 min read
Online Patent Search in India
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.
- A patentability search against the closest existing prior art
- Patents, publications, articles, products and web pages, not just patents
- A written search report you can act on
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- A non-disclosure agreement before you tell us anything
- Typically completed in 15 working days
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Close the formA few details, then secure checkout. Your expert takes it from there.
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What is a patent search, and why does it come first?
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.
- Search type
- Patentability
- Also called a prior art search
- Mandatory
- No
- But strongly advised before filing
- Turnaround
- 15 working days
- From your brief to the report
- Deliverable
- A written report
- Naming any prior art found
- Prior art includes
- Any public disclosure
- Web pages, articles and products, not only patents
- Before you share
- Sign an NDA
- A public invention can no longer be patented
- Not covered
- Freedom to operate
- That is a separate, different search
- If it already exists
- Improve and refile
- The report shows where the scope is
Why inventors choose LegalWiz.in
- An expert team of qualified CA, CS and lawyers
- A non-disclosure agreement before any detail of the invention is shared
- A dedicated relationship manager with on-call support
- An extensive search across patent databases and public prior art
- A written report, with advice on how to proceed from it
- Thousands of happy customers across every state in India
- Exclusive partner offers on web hosting, payment gateways and more
What the search covers
Everything below is handled by your relationship manager and the search team. You describe the invention once, under a non-disclosure agreement.
- A non-disclosure agreement, signed before you share anything
- Consultation on the invention, its novelty and its uses
- An extensive search across the patent databases
- A search of non-patent prior art, including publications, articles and products
- A thorough review and comparison of the related work found
- An assessment of the invention against what the search turns up
- A written search report, with advice on how to proceed
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.
What the report is for
Deciding whether to file
Registering a patent costs time and money. The search tells you whether the invention is genuinely new before either is committed.
Drafting stronger claims
Knowing the prior art is what lets the agent draft claims and a specification that do not overlap with an existing invention.
Answering objections later
The examiner will cite the closest prior art. Having found it first makes the technical differences straightforward to show.
Benefits of a patent search
It determines the scope of the patent
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.
It eliminates future objections
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.
It makes drafting easier
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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What our clients say
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What we need to conduct the search
A short list, and none of it is shared with anyone. A non-disclosure agreement is signed before you send any of it.
Details of the applicant
Name, address and contact details of whoever is commissioning the search.
Details of the invention
What it is, what it does, what makes it novel, and what it is used for.
Drawings
Any drawings you have, for better clarity. Optional, but they usually sharpen the search.
Run a patent search in three easy steps
Step 01
Answer a few quick questions
- Spend less than 10 minutes on a simple set of questions
- Sign the non-disclosure agreement before sharing any detail
- Upload the documents describing the invention
- Pay through a secure payment gateway
Step 02
Our experts take over
- You are assigned a dedicated relationship manager
- Consultation on the invention and on what the search should cover
- An extensive search across the patent databases and public prior art
- A thorough review and comparison of the related work found
Step 03
Your search report arrives
- The whole process takes 15 working days
- The report comes with advice on how to proceed from what it found
Subject to government processing time.
How long a patent search takes
Fifteen working days from your brief to a written report.
Days 1 to 2
2 of 15 working days
- Discussion and collection of the information about the invention
- You share the required documents
- Detailed discussion of what makes the invention novel, and of its uses
Days 3 to 13
11 of 15 working days
- Extensive patent database search
- Thorough review and comparison of the related work
- Assessment of the invention against what the search found
Days 14 to 15
2 of 15 working days
- The search report is delivered, naming any existing prior art found
Subject to government processing time.
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Is a patentability search mandatory before filing a patent?
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.
Is it safe to give information about my invention to a search company?
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.
Does the search cover only patents?
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.
What if my idea is already patented?
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.
Does a patent search guarantee I will not be sued?
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.
Can I do my own patent search on the internet?
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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