Why You Need an Expert for Patent Search?

Why you Need an Expert for Patent Search - Intellect Vidhya Solutions

Patents are most efficiently given to innovations that are brand-new, practical, and non-obvious. Every pending patent application is subject to an examination by the patent office to determine whether the stated invention is novel and not obvious in light of prior art.

What is the purpose of a Patent Search?

By employing the literature already existing in the same field of invention, the patent search enables one to comprehend the flaw or depth of the existing invention.

The inventor can improve the finding or come up with new ideas to make it patentable by studying the prior art literature because the patent search will help reveal similar patented inventions (prior arts).

There are various sorts of patent searches, including searches for patentability, invalidity, and freedom-to-operate (FTO). Let’s use a patentability search as an example for further clarification.

Before filing, an inventor conducts a patentability search to determine whether the invention is novel and not immediately obvious. All public disclosures made before the filing date of a patent application, including US patents and applications, patents and applications from other countries, manufactured products, or previously rendered services, are considered prior art to evaluate if an invention is both novel and original.

Your patent agent or lawyer should be knowledgeable with the prior art when preparing the claims for your invention. A search for patentability must be done in order to determine whether patent rights can be pursued. During the search investigation, it is possible to assess the inventive potential and identify any claims that are not infringing upon existing patents or previous art.

Important considerations for a patent search include:

  1. It is important to remember that while applying for a patent search, the applicant must fully describe their innovation.
  2. The patent expert should use all possible keywords that are derived from the invention, so that all relevant patents are fetched, and we do not miss on a single prior art.
  3. The purpose of the patent search should be clear and well described so that the obtained information can be meaningfully categorized and analysed.

For example:

For a ‘mobile phone’, an expert searcher will search for terms ‘mobile phone’, ‘cell phone’, ‘cellular phone’, ‘hand phone’, ‘portable telecommunication device’, ‘portable electronic device’, ‘handheld communication device’, ‘handheld electronic device’, and their plurals such as ‘mobile phones’, etc. in a combination of Patent Title, Abstract, Claims, and Full Specification. All of these terms/keywords form an exhaustive type of search query, which means we have used all possible variations for ‘mobile phone’.

For the same idea a less, experienced searcher can perform a patent search broadly, they might search with only ‘electronic device’ in title, abstract or ‘mobile phone’ in full text, which will lead to a non-analyzable number of results and cannot be possibly analyzed to find the relevant patents.

Fallibility of search performed by non-expert

Many innovators have shown to be experts at conducting their own patent searches. It is possible to search using:

  1. US Patent Office website
  2. Espacenet
  3. Google Patents
  4. FreePatentsOnline.com and a lot of other regional and free databases

Analysis of the prior art after a search can be difficult since the inventor may believe that the innovation cannot be protected against prior art and fail to see a key point of differentiation.

Furthermore, free search engines like Google Patent Search are not sophisticated search engines, and an inventor may occasionally overlook significant prior art if they do not have access to premium patent databases.

A non-expert may not do a thorough enough or high-quality search, which can produce misleading results. The process of filing an application for a patent may begin once inventors begin to believe their idea qualifies. Therefore, a thorough search must be conducted before submitting an application to the patent office.

Benefits of a professional search

The following topics must be covered for comprehensive patent searches:

  1. Knowledge of inventions, including their technical terms and synonyms.
  2. Searches using keywords and their combinations.
  3. Use of US classes, F-Terms, FI, Locarno classifications, International patent classification (IPC), Cooperative patent classification (CPC), and International patent classification (IPC) in search strings.
  4. There are a lot of Top Assignee based searches in that technical area.

(i). Author/Inventor based search includes many additional strategies and has the most literature published in the field.

These methods demand for knowledge in the field of searching as well as experience. An expert inventor’s experience can be used to gain a clear understanding of where the invention stands.

A patent specialist can assist in structuring the patent application to lessen the likelihood that it will be rejected. They can apply their knowledge to distinguish the innovation from the prior art and draw attention to its innovative features. saves the creator a great deal of time and money.

Share:

Facebook
Twitter
LinkedIn
WhatsApp

Related Posts

Understanding Derivative Works Legal Definitions and Implications in India

Understanding Derivative Works: Legal Definitions and Implications in India

In the realm of intellectual property rights, the concept of derivative works holds significant importance, particularly in the context of copyright law. A derivative work is a creation that is based on or derived from an original copyrighted work, thereby giving rise to a new work with its own set of rights and obligations. In India, the legal framework governing derivative works is outlined in the Copyright Act, 1957, and its subsequent amendments. Definition of Derivative Works As per the Indian Copyright Act, a derivative work is defined as a work that is created by adapting or translating an original literary, dramatic, musical, or artistic work. This includes, but is not limited to, adaptations in the form of cinematographic films, sound recordings, translations, abridgments, condensations, and arrangements. Types of Derivative Works Derivative works can take various forms, depending on the nature of the original work and the creative process involved. Some common types of derivative works include: 1. Literary Derivative Works:    – Translations of novels, poems, or plays into different languages    – Abridgments or condensations of longer literary works    – Sequels, prequels, or spin-offs based on original stories or characters 2. Dramatic Derivative Works:    – Film adaptations of plays or novels    – Stage musicals based on literary works or films 3. Musical Derivative Works:    – Cover versions or remixes of existing songs    – Arrangements or transcriptions of musical compositions for different instruments or ensembles 4. Artistic Derivative Works:    – Sculptures or paintings based on existing works of art    – Photographic reproductions or digital manipulations of artworks 5. Software Derivative Works:    – Modifications or enhancements to existing computer programs    – New software applications built upon existing code libraries or frameworks Legal Implications The creation of a derivative work requires permission from the copyright owner of the original work, unless it falls under the exceptions provided by the fair use or fair dealing provisions of the Copyright Act. Case Study The adaptation of Chetan Bhagat’s novel “Five Point Someone” into the hugely popular film “3 Idiots” generated significant controversy. While the movie was a commercial and critical success, it faced backlash for deviating substantially from the original novel’s narrative and themes. Critics argued that by taking a broader, more mainstream approach, the film oversimplified the novel’s critique of the Indian education system and the struggles of IIT students. They accused the filmmakers of exploiting Bhagat’s work for commercial gain while failing to accurately represent its essence. There were also concerns about the portrayal of certain characters, like the entirely new character of Rancho, and the exaggerated depiction of IIT life and the education system. Despite these criticisms, “3 Idiots” sparked conversations about educational reforms and the pursuit of passion over societal expectations. However, the controversy highlighted the challenges of adapting works that tackle sensitive social issues, and the need for faithful and respectful representations of the source material. Implications and Considerations The concept of derivative works has far-reaching implications in various creative industries, including literature, music, film, art, and software development. It is crucial for creators and authors to understand the legal framework surrounding derivative works to avoid potential infringement issues and to protect their intellectual property rights effectively. When creating a derivative work, it is advisable to obtain proper licenses or permissions from the original copyright owners to ensure compliance with the law. Additionally, consulting with legal professionals or intellectual property experts can provide valuable guidance on navigating the complexities of derivative works and ensuring that the creative process remains within the bounds of the law. It is also important to note that the boundaries between original works and derivative works can sometimes be blurred, particularly in cases where the derivative work incorporates substantial new creative elements or transforms the original work in a significant way. In such cases, the derivative work may be considered a separate, original creation, subject to its own copyright protection. Conclusion In conclusion, derivative works play a vital role in the creative ecosystem, fostering adaptation, innovation, and cultural exchange. However, it is essential to strike a balance between encouraging creativity and protecting the rights of original authors. The Indian Copyright Act provides a comprehensive legal framework for regulating derivative works, ensuring that the rights of both the original creators and the authors of derivative works are safeguarded. By understanding the legal nuances and adhering to the principles of fair use and proper attribution, creators can navigate the realm of derivative works while respecting intellectual property rights.

Read More »
Filing a Trademark for a Restaurant in India – A step by step Guide

Filing a Trademark for a Restaurant in India – A step by step Guide

Filing a trademark is crucial for protecting your restaurant’s brand identity, name, and logo from potential infringement or misuse by others. In India, trademarks are governed by the Trademarks Act, 1999, and the process of registration is overseen by the Office of the Controller General of Patents, Designs, and Trademarks (CGPDTM). Step 1: Conduct a Trademark Search Before filing for a trademark, it is essential to conduct a comprehensive search to ensure that your desired mark is not already registered or closely resembling an existing trademark. This search can be done through the CGPDTM’s online database or with the assistance of a trademark attorney or agent. A thorough search helps avoid potential conflicts and legal complications down the line. Step 2: Determine the Appropriate Classes Trademarks are classified into different classes based on the goods or services they represent. Restaurants primarily fall under Class 43, which includes “services for providing food and drink; temporary accommodation.” However, depending on the offerings, restaurants may also consider filing in other related classes. Additionally Relevant Classes for Restaurants: Filing in multiple classes is recommended if your restaurant offers a diverse range of products or services beyond just food and beverages. Step 3: Prepare the Application Once you have determined that your desired mark is available, you can proceed with the application process. The trademark application can be filed online through the ipindia.gov.in website, which serves as the official portal for filing all kinds of intellectual property applications in India. Alternatively, you can opt for offline filing by sending a physical copy of the application. The prescribed form for filing a trademark application is called TM-A. The application should include: Step 4: Submit the Required Documents Along with the application form, you must submit the following documents: Step 5: Pay the Applicable Fees The fees for filing a trademark application in India vary based on the number of classes and the mode of filing (online or physical). For a single class in the online filing mode, the fee is currently INR 4,500 for individuals and startups/ MSMEs  and INR 9,000 for others. Additional fees apply for each additional class. For example, if filing in two classes, the fee would be INR 9,000 for individuals/startups and INR 18,000 for others. Step 6: Examination and Publication After submission, the application will undergo a formal and substantive examination by the appropriate trademark registry. The formal examination checks if the application meets all the necessary requirements, while the substantive examination assesses if the mark is distinctive, not deceptive, and not conflicting with existing trademarks. If the mark meets all the requirements, it will be published in the Trademarks Journal for opposition. This is an opportunity for any interested parties to oppose the registration of the mark within four months from the date of publication. If no opposition is filed or if the opposition is unsuccessful, the mark will proceed to registration. Step 7: Registration and Renewal If the application is successful, the trademark will be registered, and a registration certificate will be issued by the Trademark Registry. Trademarks in India are valid for 10 years from the date of filing and can be renewed indefinitely for successive 10-year periods by paying the prescribed renewal fees.It is essential to keep track of the renewal deadlines and file for renewal well in advance to avoid the lapse of your trademark registration. Additional Considerations: By following these steps and complying with the Trademarks Act, 1999, you can successfully register a trademark for your restaurant in India, safeguarding your brand and establishing a strong market presence.

Read More »
The Role of Design Patents in Enhancing Brand Value in India - Intellect Vidhya

The Role of Design Patents in Enhancing Brand Value in India

In today’s highly competitive marketplace, businesses are constantly seeking ways to differentiate themselves from their competitors and establish a strong brand identity. One strategic tool that companies can leverage to achieve this goal is the design patent. Design patents, which protect the ornamental or aesthetic features of a product, can play a crucial role in enhancing brand value and fostering customer recognition and loyalty. How Design Patents Contribute to Brand Differentiation Examples of Brands That Have Leveraged Design Patents Effectively These examples demonstrate how design patents can serve as a powerful tool for brands to differentiate themselves in the marketplace, establish a unique visual identity, and enhance their overall brand value and recognition. By protecting their distinctive product designs through patents, these companies have created iconic and instantly recognizable products that resonate with consumers and contribute to their brand’s success and positioning. Tips for Using Design Patents as a Marketing Tool Conclusion In the highly competitive Indian market, design patents can be a powerful tool for companies seeking to enhance their brand value and establish a unique identity. By leveraging the exclusivity and distinctiveness offered by design patents, brands can differentiate themselves, foster consumer recognition, and ultimately strengthen their competitive position in the marketplace. The examples provided above showcase how design patents can be effectively utilized to create visually distinct and memorable products that resonate with consumers and contribute to brand recognition and loyalty. By incorporating design patents into their marketing and branding strategies, companies can elevate their brand’s perceived value, differentiate themselves from competitors, and cultivate a loyal customer base that appreciates and recognizes the uniqueness of their offerings.

Read More »
Recent Trends in Patent Filing in India Conventional and National Phase Routes

Recent Trends in Patent Filing in India: Conventional and National Phase Routes

The landscape of patent filing in India has witnessed significant changes over recent years, influenced by global economic shifts, advancements in technology, and evolving legal frameworks. Two primary routes dominate the patent filing process in India: the conventional route and the national phase route under the Patent Cooperation Treaty (PCT). Understanding recent trends in these routes provides valuable insights for inventors, businesses, and legal professionals. Conventional Route Trends The conventional route, which involves filing a patent application directly with the Indian Patent Office within 12 months of the priority date, has seen a steady increase in activity. This route is often favoured by domestic applicants and businesses seeking to protect innovations promptly within the country. Growth in Domestic Applications: There has been a noticeable rise in patent applications from Indian inventors and small to medium enterprises (SMEs). This trend is fuelled by increased awareness of intellectual property rights and government initiatives such as the “Startup India” campaign, which offers reduced filing fees for startups. Technological Advancements: Sectors like biotechnology, pharmaceuticals, information technology, and artificial intelligence have dominated recent filings. Innovations in these areas reflect India’s growing prowess in high-tech and research-driven industries. Streamlined Processes: The Indian Patent Office has made efforts to streamline the patent examination process, reducing the time taken to grant patents. Initiatives like the expedited examination for startups and the electronic filing system have contributed to more efficient processing of applications. National Phase Route Trends The national phase route, allowing international applicants to enter India’s patent system under the PCT within 31 months from the priority date, continues to be a popular choice for foreign entities seeking protection in India. Increase in International Filings: India’s robust market potential and favourable IP environment have led to an increase in national phase entries. Companies from the United States, Europe, Japan, and China are prominent users of this route, reflecting India’s importance as a key market for global innovation. Diverse Technological Domains: Similar to the conventional route, the national phase route has seen a surge in applications in advanced technology sectors. Notably, there has been significant activity in renewable energy technologies, medical devices, and consumer electronics. Legal and Regulatory Developments: Recent amendments in Indian patent laws, aimed at harmonizing with international standards, have made the national phase route more attractive. The introduction of measures like the Patent Prosecution Highway (PPH) with Japan has facilitated faster processing of applications, thereby encouraging more international filings. Analysis of recent filing trends for both routes Recent filing trends for patents in India, through both the conventional and national phase routes, indicate a robust growth in domestic and international patent activity. The conventional route has seen a rise in applications from Indian inventors and SMEs, spurred by government initiatives and heightened IP awareness, with notable filings in biotechnology, IT, and AI sectors. Concurrently, the national phase route under the Patent Cooperation Treaty (PCT) has attracted increasing international interest, particularly from the US, Europe, Japan, and China, driven by India’s expanding market potential and improved regulatory environment. Technological advancements and streamlined processes, such as expedited examinations and electronic filing, have further enhanced the appeal of patenting in India. Impact of technological advancements on filing strategies Technological advancements are significantly reshaping patent filing strategies, compelling inventors and companies to adopt more sophisticated and proactive approaches. The rise of cutting-edge fields such as artificial intelligence, biotechnology, and renewable energy has led to a surge in complex and interdisciplinary inventions, necessitating comprehensive prior art searches and strategic global filings to secure broad and robust protection. Additionally, advancements in digital tools and patent analytics enable applicants to identify optimal filing routes, anticipate market trends, and streamline the drafting and submission processes. As a result, the integration of technology into IP management not only enhances the efficiency and precision of patent filings but also strengthens the strategic positioning of patents in a competitive marketplace. Predictions for future trends in patent filings Future trends in patent filings are likely to be characterized by an increasing emphasis on emerging technologies and sustainability. Innovations in areas such as artificial intelligence, quantum computing, biotechnology, and green technologies are expected to dominate patent landscapes, driven by ongoing research and global efforts to address environmental challenges. Additionally, the patent filing process will continue to evolve with advancements in digital tools, such as AI-powered patent analytics and blockchain for secure and transparent IP management, making the process more efficient and accessible. Geographic trends may also shift, with developing countries like India and China playing a more prominent role in global patent activity. As businesses and inventors seek to protect their innovations in a rapidly changing world, strategic, international, and collaborative patent filings will become increasingly crucial. Challenges and Opportunities Despite the positive trends, several challenges remain. The backlog of pending applications, although reduced, still poses a hurdle. Additionally, ensuring consistent quality in patent examination is critical as the volume of applications grows. However, these challenges also present opportunities. Continued investments in digitization, capacity building within the Patent Office, and fostering a more innovation-friendly ecosystem can further enhance India’s position as a global patent filing destination. Conclusion The evolving landscape of patent filing in India, encompassing both the conventional and national phase routes, highlights a dynamic interplay between domestic innovation and international interest. The conventional route has become increasingly popular among Indian inventors and SMEs, driven by government initiatives and a growing awareness of intellectual property rights. Meanwhile, the national phase route under the PCT attracts substantial international filings, reflecting India’s significance as a key market for global innovation. Technological advancements are reshaping filing strategies, enabling more efficient and strategic patent management. Future trends are expected to focus on emerging technologies and sustainability, with India poised to play an even more prominent role in the global patent arena. While challenges such as application backlogs and quality consistency remain, they also present opportunities for further improvements. By continuing to invest in digitization and capacity building, India can enhance its position as a leading destination for patent filings, benefiting inventors

Read More »