Patent Art Analysis
Prior art search could be found in many forms it maybe it a patent or maybe some of the printed publication including, but not limited to, research papers, trade journals, a college thesis, an advertisement, books, videos – basically anything that is available in the public domain and is public knowledge
The term of patent application is granted for 20 years from the date of filing of application. However, for application filed under national phase under Patent Cooperation Treaty (PCT), the term of patent will be 20 years from the international filing date accorded under PCT. However, filing an application in India enables the applicant to file a corresponding application for same invention in convention countries or under PCT, within or before expiry of twelve months from the filing date in India. Patents should be obtained in each country where the applicant requires protection of his invention.
A patentability search is made to identify patents and non-patent literature which may affect the patentability of an invention. This search is recommended to applicants to be done before writing and filing the patent specification, and as such is sometimes called a pre-application search.
Freedom to Operate Search / Clearance searcho Freedom to operate search is to identify active patents or published patent applications or pending patent application which claims that cover the technology, process, or product of the patent. The results of an FTO search are used to identify, from a legal perspective, whether your proposed product, process will infringe any other patents.
Patent Application in India
If you have invention that relating either to a product or process that is new, involving inventive step and capable of industrial application can be patented.
Without patent protection, your idea or invention can be quickly replicated and reproduced without your consent