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Intellectual Property FAQ’s

BananaIP Counsels > Intellectual Property FAQ’s

Intellectual Property FAQ’s

 

Patents

A patents search is not mandatory, however performing a patent search before filing a patent application will normally uncover certain granted patents/publications which belong to the same technological field as that of the invention. Conducting a patent search before proceeding to file an application for patent has many advantages some of which are identified below. nn• Patent search provides the inventor(s)/applicant with necessary information as to the strength of the invention against the currently used/existing art;n• Patent search may guide or inspire the inventor to improve his/her invention based on the disclosure provided in the prior art uncovered during the search;n• Patent search may provide necessary information to refine the claims at a later stage;n• Patent search will save money, time and effort in drafting and filing a patent application if the search result indicates that the alleged invention is already in the public domain; andn• Patent search will allow identifying corporations (which could be potential licensees) that own patents in the same technology as that of the applicant’s invention.nnConsidering the advantages of performing a patent search, a search is advisable before making a decision on filing a patent application. Patent search may also be done at conception, R and D planning and other stages in order to enable decision making.n

Category: Patents

There are a lot of resources available online for performing a patent search. Some of these resources are free and belong to the respective patent offices. Some of the resources are listed below:nnhttp://www.uspto.govnhttp://ep.espacenet.com/ nhttp://www.wipo.int/pctdb/en/ nhttp://ipindiaservices.gov.in/publicsearch nnThere are independent resources available like:nnGoogle PatentsnFree Patents OnlinennFurther, there are also paid databases like Thomson, LexisNexis Total Patents, and questel orbit available, which cover multiple jurisdictions and provide a common interface for searching.n

Category: Patents

Yes. Indian Patents and Published applications maybe searched on the Indian Patent office database which is available online. In addition to the online database, a physical search of these documents is also possible and is open to public at the patent office. nnThe patents are classified under various classes depending on the content. WIPO, USPTO and EPO have separate classification system under which the patents and patent applications are classified (each patent maybe included in more than one class).nnThe best way to perform a search would be to perform a keyword search followed by a classification search. Both keyword search and IPC class search is possible on the Indian patent office database. Different keywords maybe used to search for relevant results. The classification search is a more comprehensive search involving two steps;nn1. Identification of relevant classes (IPC or EP classes).n2. Searching of database for patents in those identified classes. nnThe Indian patent office database can be used to search all Indian Patents and Indian patent applications. In addition to the Indian patent office database, Indian patents may also be searched on EPO’s online database (http://ep.espacenet.com/advancedSearch?locale=en_EP), or other free databases such as Big patent and paid databases such as Total patent by Lexis Nexis. n

Category: Patents

A patent search for an invention can be performed by any person who has a fair knowledge of the technology to which the invention relates. However, the accuracy of the search may not be as good as the accuracy with which a patent professional might carry out a patent search. nnA patent search can be conducted using online databases. Relevant patent documents are mined from these databases using search queries. Hence, selecting an appropriate database(s) to carry out the search and formulating effective search queries are key aspects of a patent search activity. nnIn light of the data coverage and the search query flexibility offered by each of the databases, an appropriate database to carry out patent search may be selected based on our requirement. nSubsequent to selecting a database, search queries have to be formulated to query the database and retrieve relevant documents. A search query can include key words that are relevant to the technology coupled with syntaxes and boolean operator that are supported by the database. Alternatively, either exclusively or in combination with the key words, patent classification ( http://www.wipo.int/classifications/ipc/en/ )that are relevant to the technology can be used to query the database. nnThe effectiveness of the patent search largely depends on the ability to, formulate appropriate keyword strings and identify relevant patent classifications, in addition to using patent databases that provided wide scope of coverage and flexibility in formulating search queries (most paid databases are comparatively better than free databases in the aforementioned aspects).nn

Category: Patents

Each patent office across the world provides a patent database which is generally searchable online and is free for anyone to use for performing patent searches.nnThe major patent databases provided by some major patent offices for performing patent searches are provided below:nn• http://www.uspto.govn• http://ep.espacenet.com/n• http://www.wipo.int/pctdb/en/n• http://ipindiaservices.gov.in/publicsearch nnIn addition to the aforementioned patent databases provided by the Patent Offices, there are a few free third party patent databases which may be used for performing patent searches and are listed below:nn• Google Patentsn• Free Patents Onlinen• Free Patent Search sponsored by Delphionn• Patents.comn• Big Patents India n

Category: Patents

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