Patent Search

Overview of Patent Search in India

A patent search, also known as a prior-art search or patentability search, is a systematic investigation of existing patents, published patent applications, and technical literature to determine whether an invention is new before filing a patent application. Under the Patents Act, 1970, an invention is patentable only if it is novel, involves an inventive step, and is capable of industrial application. Since the Indian Patent Office examines every application against worldwide prior art, a professional search conducted before filing reveals the obstacles your application will face — allowing you to make an informed decision before investing in drafting, government fees, and years of prosecution.

Prior art is not limited to Indian patents. Any patent, published application, research paper, product brochure, website, conference presentation, or public demonstration anywhere in the world before your filing date can destroy the novelty of your invention. This is why a comprehensive search covers the Indian Patent Office database (InPASS), WIPO PATENTSCOPE for international PCT applications, Espacenet covering over 140 million documents from the European Patent Office, USPTO records, and non-patent literature including scientific journals and industry publications.

The output of a professional search is a detailed search report identifying the closest prior-art references, along with a patentability opinion that maps each reference against the features of your invention and assesses your realistic chances of grant. Where the search reveals overlapping prior art, our patent experts advise whether the invention can be repositioned, whether claims can be drafted around the prior art to focus on the genuinely novel features, or whether filing should be reconsidered altogether — an honest opinion that can save lakhs of rupees on an unpatentable application.

Types of Patent Searches

Why a Patent Search Before Filing Is Critical

Our Patent Search Process

What Is Not Patentable in India — Section 3 Check

Along with novelty, our search report also screens your invention against Section 3 of the Patents Act, which excludes certain subject matter from patentability regardless of how new it is. This includes mathematical or business methods, computer programs per se, mere discovery of a new form of a known substance without enhanced efficacy (Section 3(d)), methods of agriculture or horticulture, methods of medical treatment, and traditional knowledge. Many applications fail not for lack of novelty but because the subject matter falls within these exclusions — identifying this before filing saves the entire cost of prosecution.