in Intellectual Property Law
Asked October 08, 2021

Patent Registration

  • 1 Answer

I want to get a new product that I've invented patented. May I know how to check if the product is novel or if it's a non-obvious invention? I'm aware of the requirements for obtaining a patent but how do I know these conditions are fulfilled by my invention?

Answer 1

In order to check whether your new product is novel, you will have to undertake what is called a 'novelty search'. There are various portals online including one by WIPO where all past patents are registered. You can check for products that are similar to yours and if your product meets the novelty requirement. Remember that novelty is universal and not only limited to India. For non-obviousness, there is no objective standard but if there is an 'inventive step' i.e. you have invented something or improved upon something that is novel, the non-obviousness requirement is met.

Agree Comment 0 Agrees about 2 months ago

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