A patent search which is also known as Novelty search is a search conducted to check whether a similar invention is already registered or published for registration as of yours. Patent search is conducted online or in database available at the registry of the Patents and Trademarks.

Normally a patent search is conducted online using the available resources provided by the relevant trademark registry. The search can be either a general one or pertaining to specifications you want i.e. whether are you looking for an invention in the field of Utility patents, Design Patents or plant patents. The search is conducted by entering or deleting certain keyword i.e. selection of proper keywords. After conducting a thorough research, a search report is prepared. There are also databases available in the respective Patent and Trademark Registry. You can also go there and search the database manually.

The types of patent search can be different in different countries, but there are four basic types of searches: Patentability search Freedom-to-operate search Validity/Invalidity search State of the Art Search On what stage of the patent process you are conducting a search will decide which type of search is to be conducted.

Since there are different kinds of patent searches, the timing depends upon the status of your invention and your requirements. If you are still planning to apply for a patent, patent search will be done before making the application. If you want to check for infringement of your granted patent, a search will have to be done after the patent grant.

Patent drafting and filing is a tough, time and money consuming process. Patent is only grated if the same invention is novel (new), useful and non-obvious. To have novelty, the invention must be new and should not be published anywhere in the world. Sometimes, there might be situations where you draft a patent application, devote your time and money and the same might get refused on the basis of invention not being novel (new) or the same being known to the person skilled in the art. That might create financial burden. Moreover, Patent search may find an opportunity to improve on existing technology “gaps”. Further, the Patent search can uncover the expired patents which are in public domain and therefore can be used without paying anyone a royalty. After doing a patent search, you might get an extremely narrow claim, and it might be in your best interest not to invest money in that invention.

“Prior Art” is anything in public domain whether patented or not patented and based on which you can decide the novelty of your invention. Anything similar which is already before your invention can stop your patent from being granted.

Normally, the search is conducted online but if not done properly, it can be of no use. Doing a legal search on databases requires skill, experience and expertise. It is an important process as it decides whether your invention is new, novel and whether can be patented or not. If done individually and without any proper guidance, it can prove to be time consuming process and may not provide useful information. Preparing the search report and deciding on the basis of same requires knowledge of that particular field. Thus, it is always recommended to consult an expert for the same.

Unlike trademark search, patent search can be time consuming. Patent search requires a detailed search of the inventions and its claims as an inventor needs to check both. Moreover, it is also not a territorial search and the invention needs to be searched globally which makes the process even lengthy.

No, patent search is not mandatory but it gives you the basic idea of all patented inventions or information regarding inventions which are in public domain. Those inventions which are in public domain or which are patented cannot be patented anymore. This is important to know in the initial stage of the patenting because getting a patent is tedious job. It is better to get an idea in the initial stage rather than realizing in middle of the process.

You won’t get much options after conducting a search. There can be same/ similar patent either in the database or in public domain. If that is the case, an inventor has an option to either change the claims according to the “gap” available or opt for a new invention. While if the result shows 0 match, the inventor can continue with the patent and get it registered as soon as possible.