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Patent search refers to the searching of published patent application and granted patents by using searching tools/ database. Patent search is carried out based on the concern issues:
- Patentability search : Patentability search is performed to ensure that the invention in concern is not disclosed or claim or publish or use in India or anywhere else in the world. Benefits of the patentability search can be stated as below:
- can easily map the state-of-the-art technology and so minimize researching time
- product developers can be free from anticipated infringement suits
- inventors can grasp the problem to be solved in the art and work their ideas to be suitable for the patentability criteria
- tentative applicants can determine whether they will apply or will save application fee
- examiners can determine patentability of applications and
- Patentees can assess the strength of their patents.
- Infringement Searches : An infringement search is conducted to determine if the invention might infringe on or be covered by unexpired patents. This type of search is concerned only with the claims of unexpired patents. Infringement can direct or inherent and infringement search are carried out by the Patent Attorneys or experts in search.
- Validity search : Validity searches are generally undertaken by companies or individuals trying to determine if it is possible to invalidate another's patent. The searcher is looking for issued patents or printed publications that anticipate or make obvious another issued patent. The searcher could also be looking for earlier public knowledge on user of the invention, technical errors, fraud, or anything that would cause the patent to be declared invalid. As a result, a validity search is done to determine if an unexpired patent is valid and enforceable. This type of searching is generally done by patent attorneys.
Mode of searching :
Patent search is carried out using keywords, title, inventor's name, applicant's name, publication number, application number, priority number, date of filing and patent number etc.
Number search :
Patent or published patent application can be searched in official sites of the patent office or paid database by using the publication number, patent application or by using the patent number. The publication number or patent number given to an application is different in every country. For Indian patent office site patent application number search can be conducted at this link http://ipindia.nic.in/ipirs1/patentsearch.htm and patent number can be search at the following link http://ipindia.nic.in/ipirs1/patentsearch.htm