A patent is granted for a new or novel invention, having an inventive step and capable of industrial application. It is therefore advisable to conduct a patent search before investing time and resources in developing any new technology.
Why conduct a patent search?
A patent search is a critical step in safeguarding intellectual property, which ensures that an invention is truly original and non-obvious. The search process involves a thorough review of extensive databases comprising granted and/or published patent literature, as well as relevant non-patent literature from various jurisdictions. This comprehensive review assists inventors in identifying similar or identical technologies, designs, or methods that may affect their innovation.
A well-conducted patent search checks:
- Novelty – Validates that an invention is original or authentic and has not been patented before.
- Inventive Step – Determines if the innovation is a significant advancement over existing technology and not an obvious improvement.
- Industrial Application – Evaluates whether the invention has practical use and can be successfully implemented in a commercial or manufacturing setting.
Further, conducting a thorough patent search serves several strategic purposes such as:
- Avoids costly mistakes: prevents pursuing a patent for an invention that already exists
- Strengthens patent applications: highlights unique aspects to enhance claim quality
- Mitigates infringement risks: identifies potential legal obstacles before commercialization
- Provides industry insights: reveals technological trends and competitive landscapes
- Guides R&D efforts: helps refine ideas and uncover new opportunities for innovation
The various types of patent application search which may be conducted depending on the objective are:
Freedom to operate search [FTO Search]
Novelty and Patentibility Search in India