Process for Indian Patent Search
There are a few strategies or steps by which a patent search is carried out.
Patentability Search
This patentability or novelty search is carried out to determine if the invention or product in question meets the novelty factor. In this case, it is necessary that all features of claims must be described in a single document. This search step helps clarify whether the invention is new or an inventive step in an ageing process. It'll help distinguish the merits of the invention from its counterparts and, most importantly, if the invention is ready to be filed for Patent.
Prior Art or State-of-the-Art Search
This search is mainly conducted to identify the invention technology and its purpose. The search is conducted on the databases relevant to or running parallel to the technology under scrutiny. Prior art search helps identify the resemblance between the current technology used and the technology used in the prior art. It will also help the applicant identify the research and development areas, future problems that may arise, and possible solutions to these problems.
Freedom to Operate (FTO) Search
This search is also known as the Right to Use search. Any company ready to initiate or launch its invention carries out the FTO. It does an FTO search to validate if the company is not violating any intellectual property rights of others for its benefit of commerce.
FTO is a comprehensive search method where even the inactive and active patents are considered along with the pending and unexpired patents.
Validity/Invalidity Search
The validity or invalidity searches are two identical searches, except that the results vary. These searches are carried out after the grant of the Patent to determine the novelty of the patented invention at the time of patent application filing.
Patent Landscape
As the name suggests, patent landscaping helps get an overview of the invention with regard to its technology, field of work, competitors, latest trends and research and development in the industry.
It helps to identify the necessity, strengths and weakness, strategies, etc., of the technology used, the positioning of the applicant along with its competitors in its domain, and different portfolios of existing patents.