Inventions falling within the scope of Section 3 and section 4 of Patents Act 1970 are not patentable in India. Get in touch with a patent agent or a patent attorney to find out if your invention falls within it.
Filing a patent application in the Indian Patent Office is the first step for securing a patent to your invention in India. To file a patent application, a set of forms has to be submitted to the patent office. The forms can be submitted either online (https://ipindiaonline.gov.in/epatentfiling/goForLogin/doLogin) or offline by submitting hard copies at any of the patent office.
Patent prosecution is the patent process required to obtain a patent which involves interaction between the Assignee/Inventor or his legal representative and Patent Office with respect to his patent application.
A non-provisional patent draft is a techno-legal document describing the invention in-depth and discloses the best method of carrying out the invention. Thus, also known as a complete patent application.
As per the patent law, a provisional application is a legal document filed in the Indian Patent Office or any other patent office to establish an early filing date. The provisional application allows the inventor to file a patent application without a formal patent claim, oath or declaration, or any information disclosure (prior art) statement.
IPR Studio have Patent Engineers are experienced an hep you to decide whether your product is a commercially ‘safe’ for you to make or sell your product in the country in which you wish to do so, without infringing existing third-party rights.
Freedom to Operate Search, also known as Clearance Search or Right to use search is performed to check and identify whether any in-force patents or published patent applications with claims that cover the technology, process, or product the inventor is targeting.
Simply, it is used to ascertain the freedom to operate the invention in a particular jurisdiction from a legal point of view that the product or process utilized or carried out by the inventor is not infringing on any live patent’s claim.
If during the FTO search the invention to be operated is located on a live patent then the inventor may:
Not proceed with the invention
Invalidate the relevant patent
Apply for a license for the relevant patent
Buy the relevant patent technology
Why conduct FTO Search?
To identify potential patent barriers and uncover licensing needs in commercializing the products or/and technologies.
To know countries where the patent can be applied.
To map out the technical field of the products, technologies, or processes.
To conduct patent infringement risk assessments, assess the competitors in the same field.
To evaluate the potential for “new”
Our Approach
Before the commercialization of any product/technology, it is essential to conduct a due diligence process to examine the claims of in-force patents as a means of assessing your risk of potential infringement. Thus, an FTO search/ Clearance Search is conducted to locate any granted and alive (in-force) patents or patent applications ensuring that the desired product can be pitched in a specific market (jurisdiction) without infringing or violating anyone’s intellectual property rights within that particular region/country.
Our focus:
In-force patents
Published pending patent applications
An exhaustive search on patent databases based on
Keywords based Searching,
Classification based Searching- CPC, IPC, USC, F-terms (For Japanese Patents),
Citation Search, Family Search and Semantic Search
FTO Search Reports
The search reports have detailed analysis of the relevant records in
Word Report Format
Excel Report Format
We provide customized FTO reports as per client’s requirement. We aim at delivering your search results in a customized format ranging from a full report to a comparative feature matrix, verbal report, or any other delivery mechanism as requested by the client.
Turn Around Time – 4-10 days
So when launching your product in the market conduct the Freedom to operate search or Clearance by professional. Contact us to get in touch with our experts for professional advice.
IPR Studio have Patent Engineersare experienced an hep you to decide whether your product is a commercially ‘safe’ for you to make or sell your product in the country in which you wish to do so, without infringing existing third-party rights.
A patent is said to be infringed when a product/process violates the rights granted to a patentee by unauthorized making, using, offering for sale or selling the patented invention.
Patent search is a search involving research to data mine the patent and non-patent literature helping the inventor to know about the existing technology before applying for his own “Patent Application”.