Patentability Search in India
Novelty and inventive step under the Patents Act, 1970 · Worldwide patent and literature databases
A patentability search looks for prior art: patents, published applications and literature anywhere in the world that already disclose your invention or make it obvious. Novelty under the Patents Act, 1970 is judged against worldwide publication, so the search covers the Indian Patent Office records and international collections such as WIPO PATENTSCOPE. A written opinion on novelty and inventive step tells you whether to file, and how to draft the claims.
- Reviewed by
- Registered Patent Agent
- Last updated
- Worldwide coverage. Indian, international and foreign patent records, plus technical literature.
- Read, not just listed. The closest documents mapped against your invention, feature by feature.
- An honest opinion. Whether to file, what to claim, and where the risks are.
- Vashi, Navi MumbaiOur office, Sector 30A
- Since 2008Filing with IP India
- Drafting to grantSpecification, FER reply and hearing
- Filing abroadConvention and PCT routes from India
Patentability search at a glance
- Purpose
- Find the closest prior art before drafting and filing
- Legal tests
- Novelty (Section 2(1)(l)) and inventive step (Section 2(1)(ja))
- Databases
- Indian Patent Office records, WIPO PATENTSCOPE, other patent offices, technical literature
- Result
- A report with the closest documents, a feature comparison and an opinion
- When
- Before drafting a complete specification, ideally before filing anything
Why search before filing a patent?
Because the Patent Office will search anyway, and it is better to know what it will find before you spend on drafting and fees. After a request for examination, the examiner searches for prior art and cites the closest documents in the First Examination Report. If they disclose your invention, the application fails on novelty; if they make it obvious, it fails on inventive step.
A search done first changes the outcome in three ways. It can save the cost of an application that would not succeed. It shows where the real novelty lies, so the claims are written around it rather than around features that are already known. And it gives the drafter the documents to distinguish in the specification, which makes the later reply to the examination report easier.
A search is also useful outside filing decisions: before investing in research, before licensing in or out, and before launching a product, when the question is whether someone else’s patent stands in your way.
What kinds of patent search are there?
| Search | Question it answers | When to commission it |
|---|---|---|
| Patentability (novelty) | Is my invention new and inventive over what is already published? | Before filing or drafting the complete specification |
| Freedom to operate | Would making or selling my product infringe a patent in force in my market? | Before launch, manufacture or import |
| State of the art | What has been done in this field, and by whom? | At the start of a research programme |
| Validity (invalidity) | Is there prior art that could defeat a granted patent? | When opposing a patent or facing an infringement claim |
How is a patentability search carried out?
Step 1
Understand the invention
A confidential discussion of what the invention does, how, and what you believe is new.
Step 2
Build the search strategy
Keywords, synonyms and the patent classification codes (IPC and CPC) for the technology.
Step 3
Search patent databases
Indian Patent Office records and international collections, including published PCT applications.
Step 4
Search technical literature
Journals, conference papers, standards and product documentation, which count as prior art too.
Step 5
Screen and analyse
The closest documents are read in full and compared with the invention feature by feature.
Step 6
Report and advise
The written report, the patent agent’s opinion on novelty and inventive step, and recommendations for the claims.
What do we need from you for a patent search?
About the invention
- A short description of what it is and how it works
- Drawings, sketches, flowcharts or a prototype photo
- The features you believe are new, and the advantage they give
Context that sharpens the search
- Products or patents you already know of in the field
- Competitors and research groups working in the area
- Anything you have already published, presented or sold, with dates
What a search cannot show
Patent applications are normally unpublished for 18 months after their priority date, so the most recent filings are invisible to any search. Some literature is not indexed, and examiners in different offices may cite different documents. A careful search reduces risk; it cannot prove novelty.
Can you search for patents yourself?
Yes, and it is a sensible first step. The Indian Patent Office offers a free public search of Indian applications and patents, and WIPO’s PATENTSCOPE covers published PCT applications and many national collections. Searching your own keywords will often turn up the obvious references.
Where a professional search adds value is in classification-based searching, which finds documents that use different words for the same thing, and in the analysis: judging whether a document actually discloses every feature, and whether a combination of documents would make the invention obvious to a skilled person.
Patent search FAQs
Is a patent search mandatory before filing in India?
No. It is advisable, because the examiner will search during examination, and an early search lets you decide whether to file and draft stronger claims.
Does a search have to cover patents outside India?
Yes. An invention is not new if it was published anywhere in the world before your priority date, so a search limited to Indian records is not enough.
Is my invention kept confidential during the search?
Yes. A search does not disclose your invention publicly. Discussing it with your patent agent is confidential, and we avoid entering sensitive detail into public tools where it could be logged.
What if the search finds a very similar invention?
We look at the differences. If a meaningful technical difference remains, the claims can focus on it. If not, the search has saved you the cost of an application that would not have succeeded.
Is a patentability search the same as a freedom-to-operate search?
No. Patentability asks whether your invention is new. Freedom to operate asks whether your product would infringe someone else’s patent in force. A product can be patentable and still infringe.
Can a search be done after filing a provisional application?
Yes. It is a good use of the 12 months before the complete specification, so the claims can be drafted around the closest prior art.