What is a Patent?
Patent is a type of Intellectual Property which grants its owner/innovator the exclusive right to use, produce, sell their unique invention for a specified and limited time frame in exchange for disclosing the technicality & functionality behind the invention to the public. However, not all inventions or innovations are patentable. Moreover, we will get to know about patent search in detail. For any invention or innovation to be patentable, it must qualify the following criteria.
- Novelty: This means that the product or process must be unique, new or novel. Such product or process should not be previously used by or known to others.
- Non-Obviousness: The product or process must be result of an inventive step. This basically means that invention should not be obvious to someone skilled in the field.
- Industrial Application: The invention must be capable of being practically used in any industry.
It is pre-requisite for any invention to meet all three criteria to be granted a patent.
What is Patent Search?
Patent search is a self-explanatory terminology. Patent Search is the comprehensive process of searching/examining the previously registered and filed Patents present in the records of the Patent Register. This is done to find out if there are any similar innovations, filed or registered, which are similar to the proposed patent. This process is basically done to ensure that the invention meets the criteria of Novelty i.e., the invention is unique, new and not previously known to public.
Patent search plays an important role to ensure that your invention does not infringe upon other patents. Further, the Importance of Patent Search in Innovation and Technology is insurmountable. It helps businesses to streamline their innovation strategy and avoid wastage of resources. More so, patent search helps to avoid unnecessary litigation and to streamline research area and efforts.
Patent Search is performed by examining the database of sources like the Indian Patent Office (IPO), United States Patent & Trademark Office (USPTO), European Patent Office (EPO), World Intellectual Property Organisation (WIPO), Search Engine Platforms like Google, GMP IPO etc. Apart from this, tracking GMP IPO trends in the market can prove to be extremely beneficial for innovators as this can help them streamline their innovation stratergy.
Components of Patent Search
- Novelty Search: Novelty search is used to determine whether the invention or innovation is novel, unique or new. This is extremely important since novelty is the fundamental criteria for the patentability of an invention. An invention must be not previously known to or used by the public.
- Freedom to Operate (FTO) Search: A patent search ensures that no other similar innovation or invention exists and the proposed patent does not infringe upon any other patent. This provides the inventor the freedom to operate in the market without any worries of potentially infringing upon the rights of another patent holder. Patent search also removes the likelihood of unnecessary litigation.
- State of the Art Search: A patent search also provides clarity on what are the technological trends and lacunas in a specific industry. This is the importance of Patent Search in innovation and technology as it provides innovators with insights into specific ideas and fields in which innovation-al efforts are required. Further it saves unnecessary research and developmental efforts in fields where similar invention already exists.
- Patent Validity Search: As the name suggest, Patent validity search checks whether the invention or innovation has qualified all criteria of patentability. Novelty, Non-obviousness and Industrial Applicability. This basically clarifies whether the invention or innovation can be granted a valid patent.
- Patent Landscape Search: A patent search significantly helps build innovation strategy by providing detailed insights into the competitive market. Additionally, keeping a track on the GMP IPO trends help businesses effectively judge the market trends and streamline their Research and Developmental efforts in the same industry.
Patent Rights in India
A patent grant a bundle of rights to its owner, such rights are called Patent Rights in India. Patent Rights in India include:
- Exclusive Right to Use: Patent Registration grants its innovator the exclusive right to use, manufacture and sell the invention for a period of 20 years from the date of filing. This right also by default includes the right to stop others from using the patent during these 20 years.
- Right to Grant Licence: The patent owner has the right to grant licence to others by allowing them to use the patent with certain terms and conditions in exchange of consideration.
- Right to Surrender: Other integral Patent Right in India is that of Right to Surrender. The patent owner, at any time, has the right to surrender its patent before the competition of the patent protection duration of 20 years. The term surrender means to allow the use of the Patent by the public.
- Right to Sue for Infringement: Any Patent holder’s rights can only be secured by giving them a right to sue others who try to copy or use the patent in an unauthorized manner without the consent of the patent holder.
These are some of the most important Patent Rights in India.
Conclusion
Patent search can prove to be an incredibly beneficial tool to protect patent rights in India. Further, the importance of Patent Search in innovation and technology can also not be ignored. Patent Search incredibly helps businesses to build their innovation strategy thereby saving wastage of resources and incentivizing research and development.
Additionally, GMP IPO can also prove to be extremely enriching for innovators as market trends highlights the prospective industries in which innovation and inventions are required. GMP IPO along with other tools like IPO, USPTO, WIPO etc. need to be continuously monitored to ensure an effective Patent Search.
