Is my idea or invention patentable in India? what can and can not be patented by Prasad Karhad by Prasad Karhad
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is my idea or invention patentable in India? How to decide whether to investigate further for novelty and patentability search? video by Prasad Karhad
This would be a comprehensive search performed by patent practitioners to find out patentability of your innovative idea. Similar to the brief preliminary search that we have performed in the idea incubation phase, this search also have the objective to find out the closest possible prior art related to our invention.
but unlike our brief search the patent practitioner goes into most comprehensive and detailed search as possible. The patentability search involves
The patentability search involves
advance keyword search tactics
classification search
search by company name or assignee
combination of different strategies in a single search query
searching forward and backward referenced of a good prior art
search in different patent databases
Patent applications that are published
Patents that are granted
non-patent literature like articles blogs websites
IEEE papers and non patent literature search
products and services available in market
and other relevant the platforms in the domain of your invention
and it takes about 4-6 days for a patent professional to do a comprehensive patentability search and create a Patentability search report.
In the report the results of this patentability search are closely analyzed and map against the elements of our invention. It is important responsibility of inventor to help patent attorney to identify how our invention is different and or improved from the results that are cited in the patentability search report.
Ideal case would be some aspect of our invention is are solving a long standing problem that the prior art patents failed to solve. This would prove a strong evidence to prove non obviousness of our invention.
Opinion on patentability
Based on the result on patentability search patent attorney give an opinion about the patentability of your innovative idea:
Negative opinion:
If there are results in patentability search report which are similar to your invention and there is no novelty in your innovative idea compared to existing knowledge. That is the innovative idea is already known to public and there is no novelty. then a patent agent or attorney might advise you not to go for patent filing as your innovative idea is lacking novelty. This will save you a lot of time and costs that you otherwise would be incurring on filing patent application for an idea that would not result in granted patent.
Neutral opinion:
in this case the patent agent / attorney is of opinion that your invention stands a fair chance of winning patent for some aspects of your invention which are found to be novel and having inventive step based on results in patentability search. You may receive some objections from patent office yet by responding to it you may get patent for your invention.
Positive opinion:
this is when your invention has some features that are novel and non obvious that is seems to be having inventive step when compared with existing knowledge and prior arts found in the patentability report. This is a positive sign and patent agent or attorney might advise you to go ahead for patent filing.
Advantages of patentability search
Patentability search help us in identifying the closest possible prior arts which are likely to be found by examiner at the examination stage of the patent application. Hence considering these prior art before writing patent application increase chances of getting patent granted.
The identified prior arts are mentioned in the references and our invention is established as solution to long standing problem which is not yet solved. such an approach creates good chances of proving inventive step that is the solution our invention has provided was not obvious to a person skilled in the art as the problem is existed for so long. Hence it is useful in proving novelty and inventive step which improves chances of getting patent granted for our invention.
And ultimately patentability search also saves lot of unnecessary costs, efforts and procedures in filing the patent application for invention which doesn’t stand a chance of surviving patentability criteria and would be rejected anyway.
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