Answer By law4u team
Steps to Check if an Invention is Already Patented 1. Use Online Patent Databases There are several official patent databases available that allow you to search for patents based on various criteria like keywords, inventor names, patent numbers, and filing dates. Some of the most commonly used databases include: Indian Patent Search Portal (Indian Patents Office): The Indian Patent Advanced Search System (InPASS) allows you to search Indian patents registered under the Indian Patents Act, 1970. You can search by patent number, applicant, inventor, and keywords. WIPO – Global Patent Search: The World Intellectual Property Organization (WIPO) offers a global patent search through their PATENTSCOPE database, where you can search international patents (PCT applications) and patents from various countries. USPTO (United States Patent and Trademark Office): If you're concerned about patents in the United States, the USPTO's Patent Full-Text and Image Database allows users to search for US patents and published patent applications. EPO – Espacenet: The European Patent Office (EPO) provides the Espacenet database, which contains over 100 million patent documents from around the world. This is a great resource for international patent searches. Google Patents: Google Patents is a simple and easy-to-use platform for searching patents globally. It covers patents from the USPTO, EPO, WIPO, and other patent offices. 2. Search by Keywords Start by searching for your invention using relevant keywords that describe your invention. Be specific and consider different variations of terms. You can also use synonyms, technical terms, and industry jargon to broaden the search. Try searching for common components or features that are part of your invention. Use the classification system (such as IPC Codes or CPC Codes) to narrow down the search to specific categories of inventions. 3. Search by Patent Number If you know the patent number (for example, from a reference or an earlier search), you can search directly by number in the patent office's database. This is helpful when you're cross-checking whether your invention is related to an existing patent. 4. Search by Inventor or Applicant Name If you want to check the patents filed by a particular inventor or company, you can search using their name in the database. This is useful if you suspect that someone else in your field might have patented a similar invention. 5. Use Patent Classifications Patents are classified into various categories based on the subject matter (for example, machinery, pharmaceuticals, etc.). You can search within these categories using the International Patent Classification (IPC) or Cooperative Patent Classification (CPC) codes. This will help refine your search to specific areas of technology. 6. Read the Abstract, Claims, and Description After performing your search, read through the abstract and claims of each patent. The claims section defines the scope of the patent and determines the boundaries of what is protected. Abstracts provide a summary of the invention, and the description provides detailed information on the invention's workings. 7. Check for Published Patent Applications Patents may be published before they are granted. You can check if there are any pending patent applications that might cover similar inventions. Published patent applications are available in most patent office databases. Additional Resources for Patent Search: Patent Attorneys and Agents: If the search process feels overwhelming, you can consult a patent attorney or patent agent. They are trained to conduct comprehensive patent searches and can provide legal advice on whether your invention is patentable or if it infringes on existing patents. Patent Search Services: Several online services offer patent search for a fee, where experts search and analyze patent databases for you. They might provide more in-depth analysis, including competitive intelligence and freedom-to-operate opinions. Things to Keep in Mind During Patent Search: 1. No Search is Perfect: Even though patent databases are vast, they may not always be fully comprehensive or up-to-date. This is why a professional patent search is sometimes recommended, especially if you are planning to file a patent for a commercially important invention. 2. Global Search: If your invention could be relevant in multiple jurisdictions (e.g., you plan to patent it in several countries), you should perform a global search through databases to check for existing patents in different regions. 3. Patent Search Limitations: Some patents may be expired, abandoned, or not in force, and thus no longer relevant. However, patents that are still in force may restrict your ability to use similar inventions without permission. 4. Novelty and Patentability: A patent search can help determine novelty, but patentability also depends on factors like non-obviousness and industrial applicability. An invention that is new may still not be patentable if it doesn’t meet all patenting requirements. Conclusion A patent search is an essential step before filing a patent application. By searching patent databases, you can identify if your invention is novel or if it has already been patented. Using official patent office websites and international databases, you can conduct an effective patent search to see if your invention is free to be patented. If you're unsure or require a thorough analysis, consulting with a patent attorney can help ensure that your invention is truly unique and patentable.
