What is patentability search? Is it mandatory in India?

A patentability search determines whether a particular invention is eligible for acquiring a patent or not. It is also known as a prior art search, or simply, patent search. The parameters of the search are novelty, non-obviousness and commercial application. Hence, these three criterion together determine the patentability of an invention. It’s advisable to conduct a patentability search worldwide or at least in the countries you wish to protect your invention.

The scope of the search covers both patent and non-patent literature. Hence, you not only have to check federal databases of different countries, but also avenues like research blogs, websites, etc. If there is any information in the public domain, in any form, that describes your invention, then your invention is not novel.

You can do this process by yourself or you can hire a patent professional. A patent professional, with their experience and skills, can produce highly accurate results while searching). For India, you can use the Indian Patent Advanced Search System as the primary database for checking patents. However, this is not a mandatory step. If you’re confident enough about your invention meeting all the patentability criterion, you can directly file a patent application.

You can also read our elaborate article on Why do we need a prior art search for deeper insights.

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A Quick Guide to Patents

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