How to do Patent Search

Why it is necessary to do patent search before applying for a patent application? 

Patent is granted to the invention issued by the patent office and the patent holder has exclusive rights for limited time period to sell, assign, and license  others to trade business; and right to sue/infringement case those using patent without the consent of patent holder.

How to do Patent search?

To conduct a patent search start by keywords, invention, type and search on Google patents, USPTO and other relevant website.

Patent search contains information that has been never disclosed and published include technical data, research, data drawings, machines, and mechanical drawing. 

Being a inventor you should have the prior knowledge or art, if someone has extensively engaged in your technology field. For entrepreneur should monitor nearby a competitors, new products what they applied research they have created in the respective discipline. 

Art of searching the patents 

 Art searching of patent is a pre-disclosed information for patentability. Prior art searching includes patents articles from renowned scholars, publication, journals, presentations at conferences.  

Filing application one must study the third-competitors patent what is described in their invention. 

All the art of searching patent is a lengthy and a time consuming process as it involves thousands of references and conduct deep research, process has to consider new development, new process or product.

Types of free patent search engine 

USPTO: United States Patent and Trademark Office.

Espacenet: European Patent database

The lens: Patent search a extensive network of patents covering countries at large 

WIPO

 Google Patent

 African Regional Intellectual Property Organisation  

 Canada Patent search 

China National Intellectual Property 

Japan Patent Search

Korea Intellectual Property

Indian Patent Office

Australia Intellectual Property

Note. The above patent website all have some free information. Additionally, if you want any further information regarding detailed report then you have to pay a prescribe fee. However, the free access to databases have a quality of information depends from country to country. For further access of full document you can pay the prescribe fee. 

What is Patent equivalents 

 This subsequent grant on inventions is known as patent equivalence it is granted of published patent application from various countries and each country may have different regulation for filing interpretation of the invention. It may have multiple patents in some countries because of difference in patent flow. While applying inventors must know prior out of patents search that two include foreign patents or patent equivalents.

Steps for patent searching /How to search for a patent/ conducive patent searching.  

Let's take the example of USPTO 

To find patent based on invention type:

a. Search by keyword, 

b. Apply mix strategies and 

c. Classification code in specific field, 

d. Put inventor name

e. Other information to run the additional searches 

f. Find a patent through if you know the patent number 

g. If you know the inventor, owner or assignee then search by name

If you know the date of patent issued 

It is the fastest way to retrieve the data and go directly to the USPTO,  click patent public search and use the date searching option below which will provide the full text of US patent.

Publication date 

The formats to follow search by publication (issue) date YYYY with year, mm with month number, and DD with the number of day 

Exact publication date: @pd=YYYYMMDD
Publication year: @py=YYYY

Filling dates

The format to search by application, replace YYYY with the year, mm with month number, and DD with number of Day.

Exact filling date @ad=YYYYMMDD

Filing year: @ay=YYYY

Citation search: Use citation search to find patent for particular patent, which can help identify related technologies.

Boolean Operators : use operators like "AND", "OR" and "NOT" to search.

Analyze the results of patent search 

Prior art: if any similar inventions or concepts already exist related with your specific field.

Patentability: Perform assessment the the novelty and non-obviousness of your invention. An extended step of prior art

Infringement: Identify patent that could be infringed upon in your related field.

How to register Copyright in India? Step by step Guide

1. What is Copyright?
2 . Copyright registration
3. Process of copyright registration
4. What Documents are required for copyright registration?
5. Term of copyright
6. Is copyright registration mandatory?

1. What is Copyright?

The Copyright Act of 1957 outlines the eligibility of works that can be protected under copyright law, as specified in Section 13. The types of works that can be copyrighted include literary works, dramatic works, musical works, artistic works, cinematographic films, and sound recordings.

Types of copyright 

- Literary works include books, manuscripts, articles, computer software, translations, compilations, novels, essays, and academic research.

- Dramatic works encompass screenplays, scripts, and theater performances.

- Musical works consist of original compositions, melodies, and arrangements, with or without lyrics.

- Artistic works include drawings, cultural maps, photographs, architecture, and other forms of creative expression.

- In the field of cinematography, it encompasses movies, web series, advertisements, and animated documents.

- Sound recording includes audio products such as songs, audiobooks, podcasts, speeches, and other forms of sound creation.

Copyright protects original works that are presented in a tangible form and are eligible for corporate production. It's important to note that ideas cannot be protected unless they are expressed in some form, such as writing, music, or visual representations.

2 . Copyright registration

The process of corporate registration is governed by the Corporate Act of 1957 and the Corporate Rules of 2013. Applicants can file for registration either online or offline by visiting the official website for corporate registration in India. The process has been streamlined for easier access.

3. Process of copyright registration

Step 1: Corporate Application 

To access the application, go to the official website. If you are an existing user, please enter your User ID and password. If you are a first-time user, create a new registration. Be sure to note your credentials for future use.

To apply for corporate registration, follow these steps: 

1. Once you are successfully logged into the website, navigate to the online corporate registration section. 

2. Open the Form XIV application for corporate registration. 

3. Complete the entire form, including details such as the title of the work, the nature of the work (whether it is literary, artistic, or musical), and the language of the work. 

4. Enter your applicant details, including your name, address, nationality, and mobile number. 

5. Additionally, make sure to indicate whether the work has been published.

Step 2 . Please include supporting documents, which should consist of a scanned copy of the applicant's signature. If the work is published, you need to submit three copies. If the work is unpublished, please submit two copies of the manuscript. For software submissions, include at least 10 pages of the source code, specifically the first 10 pages and the last 10 pages.

No objection certificate is required when an attorney represents the copyright application.

Step 3. Please complete the statement of particulars and the statement of further particulars according to the type of work. 

For the payment details while applying for corporator registration through an online payment gateway:  

- ₹500 for literary, dramatic, musical, or artistic works  

- ₹5,000 for cinematograph films and software  

- ₹2,000 for sound recordings

After successful payment, you will receive an acknowledgment of your payment, allowing you to track the progress of your copyright application.

Step 4. During the mandatory 30-day period, the copyright office will examine the application or allow a third party to object if any corporate claim is found to be invalid.

Step 5. If there are no objections raised during the scrutiny period by the registrar, or once the waiting period is over, the corporate registrar will examine the application and address any deficiencies or errors in the documents. If objections exist, the opposing party will be notified, and a notice will be served to the applicant. An open hearing will then be scheduled to address the case further.

Therefore, the registrar will hear both sides' arguments and decide based on the evidence. If the objection is resolved in favor of the applicant, the registration process will continue successfully.

Step 6. Once the application is approved, the registrar of copyright will issue a copyright registration certificate to the applicant. This certificate grants legal ownership to the applicant.

4. What Documents are required for copyright registration?

1. Three copies of the published work.

2. Two additional copies of the work.

3. Applicant's details: name, address, nationality, mobile number, and email ID.

4. No Objection Certificate from the author, publisher, or relevant individuals.

5. Source code for software (if applicable).

6. Power of Attorney if the application is being represented by a lawyer.

5. Term of copyright

The term of copyright for a corporation lasts for the lifetime of the author, 60 years after their death.

6. Is copyright registration mandatory?

The copyright registration is important, even though copyright registration is not compulsory. If an entrepreneur chooses not to register, they may face certain challenges. For instance, they may struggle to file for damages and prove ownership in the public domain, which can complicate the process of selling their work.

What is Geographical Indication?

1. What is Geographical Indication?

Geographical indications (GIs) refer to goods that are recognized as originating from a specific geographical location, which can be a country or a region within a country. These indications often assure consumers of the product's quality and unique characteristics, which are intrinsically linked to its place of origin.

Under Article 1 and Article 10 of the Paris Convention for the Protection of Intellectual Property, GIs are considered a form of intellectual property. They are also protected under Articles 22 to 24 of the TRIPS Agreement, which specifically addresses aspects of intellectual property rights.

Examples of geographical indications include:

- Basmati rice

- Darjeeling tea

- Pashmina shawls from Kashmir

- Chanderi silk from Madhya Pradesh

- Gadwal sarees from Andhra Pradesh

- Kanjivaram silk from Chennai

According to the Geographical Indication Act of 2000, there are a total of 34 classes into which various categories are divided for the purpose of obtaining a GI tag. For example:

Class 1 includes chemicals used in industry, science, photography, and agriculture. 

Class 2 refers to paints, lacquers, and preservatives that protect against rust. 

Class 5 encompasses pharmaceuticals.

2. How to Register for Geographical Indication: Step-by-Step Process

Step 1. First, you need to determine whether your product or specific goods fall under the definition of Geographical Indication (GI) as outlined in Section 2( e). 

A certain number of individuals and producer organizations must represent the producers of the relevant goods. The application should be submitted as an affidavit outlining how these applicants represent their interests.

An application is submitted by the applicant or their agent, accompanied by a statement. This should include detailed and specific characteristics of the goods, as well as the materials and standards used. The application must be filed in three copies within the region relevant to the geographical indication (GI).

A big detailed information use of GI in that particular territory accompanied with evidences and supportive documents.

The GI application must be supported by all applicants interested in the produced goods or can act as a collective reference for one representative agent in the GI registration application.

Step 2 Examination 

The examiner will review the application and, if any deficiencies are found, the geographical indication (GI) holder or applicant must respond to the examiner within one month from the date of the notice. This response should include a statement of the case, supported by a group of experts knowledgeable about the specific subject. During the assessment, the examiner may ask various questions related to the specific product or goods associated with the geographical indication in question.

If the examiner is satisfied with the application, the registrar, will review the application before granting the Geographical Indication (GI) tag. During this process, if the registrar finds any objections, the applicant must respond within two months from the date of the notice to clarify the registrar's concerns. After hearing the applicant's response, the registrar will communicate the decision. The registrar also has the authority to withdraw the application if any discrepancies or errors are found but will first provide the applicant an opportunity to address these issues.

3. Publication 

Every application is passed by the hands of the registrar and, therefore shall be published in the geographical indication journal.

4. Opposition to Registration

Any person can file a notice of opposition from the date of publication within three months. The registrar will then serve a copy of the notice to the applicant. The applicant must file a counter-statement within two months. After reviewing the evidence presented by both parties through affidavits, a date for the hearing will be scheduled.

Step 5. Grant. When the application for a Geographical Indication (GI) is accepted, the registrar will register the GI tag for the specific product. The date of registration of the application is considered the official registration date. Consequently, the registrar will issue a certificate to the applicant. 

3. Term

A registered GI is protected for 10 years and can be renewed by paying a small prescribed fee 

4. What geographical indications cannot be registered? 

- Those products which are likely to deceive or cause confusion 

- Their use maybe contrary to the law for the time in first 

- Obscene matter or scandalus 

This is likely to hurt the religious sentiments of the citizens of India 

- Which is literally a true to its territory region of a good originate but it is false ceiling represented by another territory of good originate

- The goods to be determined as generic names

How to register trademark in India? Step By Step Guide

How to register a trademark in India? Step-By-Step Guide

How to Register Patent in India. A Step-by-Step Guide

1. What is a Patent?
2. Who can apply for a Patent in India?
3. What inventions are patentable?
4. What inventions are not patentable 
5. Documents needed for patent application
6. Step by Step process 
7. Stages
8. Possibility to extend the life of patent in India? 
9. Why to apply patent first 

1. What is a Patent?