Before you spend on drafting and filing a patent, you want to know one thing: is your invention actually new? Patentability search services exist to answer that question. They check your invention against what is already known worldwide and give you a written view on whether filing makes sense.
Yet many inventors are unsure what they are paying for, what the report should say, or what no search can tell them. At Legismith LLP, we think you should understand the work before you commission it. This guide explains exactly that.
In short: A patentability search (also called a novelty search) compares one defined invention with earlier patents and publications. It ends in a written opinion on novelty and inventive step. In India, it is not mandatory, carries no government fee and cannot guarantee a grant.
What do patentability search services involve?
Patentability search services involve searching patent and non-patent records for anything that already discloses your invention, then assessing the results under Indian patent law. The useful output is a reasoned opinion, not just a list of similar documents.
Three points often surprise first-time inventors:
- It is optional. The Patents Act, 1970 does not require a search before filing.
- There is no government form or fee. It is private work done before you apply.
- It is global. Novelty is judged against disclosures anywhere in the world, not just in India.
Which questions does a patentability search answer?
A patentability search tests your invention against the legal meaning of an “invention”: a new product or process that involves an inventive step and is capable of industrial application, under Section 2 of the Patents Act. Only some of these questions can be answered by searching.
Question | Legal basis | Can a search answer it? |
Is it new? | Section 2(1)(l) | Yes, compared one document at a time |
Is it inventive, not obvious? | Section 2(1)(ja) | Yes, documents can be read together |
Can it be made or used in industry? | Section 2(1)(ac) | Mostly judged from the invention itself |
Is it excluded by law? | Sections 3 and 4 | No, this is a legal assessment |
That last row matters. A software method or a new form of a known drug may be new, yet still fall within a Section 3 exclusion. A good opinion covers both the search findings and this legal screen.
How is a patentability search carried out?
A patentability search usually follows six steps, moving from understanding the invention to giving a written opinion:
- Confidential disclosure: You share a description and drawings of the invention, ideally under a non-disclosure agreement.
- Inventive concept: The searcher identifies the features that make your invention different.
- Search strategy: Keywords, synonyms and classification codes are chosen, such as the International Patent Classification.
- Database search: Patent databases such as InPASS and WIPO PATENTSCOPE are searched, along with journals, theses, product manuals and other non-patent literature.
- Feature mapping: Each feature of your invention is compared with the closest documents.
- Written opinion: The findings are assessed for novelty, inventive step and exclusions.
Classification matters because keywords alone miss a great deal. Around 70 million patent documents have been published worldwide in the last ten years, and the same idea is often described in very different words.
What should a patentability search report contain?
A useful patentability search report tells you what was searched, what was found and what it means for your filing decision. You can use this checklist to judge any report you receive:
- The invention as understood: a short summary of the features that were searched
- Search scope: databases, classification codes, keywords and date ranges used
- Date of the search: records published after this date are not covered
- Closest documents: ranked, with publication dates and links
- Feature-by-feature comparison: which features each document shows and which it does not
- Opinion on novelty and inventive step: reasoned, not just “positive” or “negative”
- Section 3 and 4 screening: whether any exclusion may apply
- Stated limitations: what the search could not cover
- Suggested direction: features worth claiming broadly, and any that need narrowing
If a report is only a list of patent numbers, ask how each one relates to your invention. Have a report that you find hard to read? You are welcome to ask our team to explain it.
How is a patentability search different from other patent searches?
A patentability search asks whether you can obtain a patent. Other searches ask different questions, and a clear result in one says nothing about the others.
Search type | Main question | Typical timing |
Patentability (novelty) search | Is my invention new and inventive? | Before filing |
Freedom to operate search | Will my product infringe someone else’s patent? | Before launch |
Invalidity search | Can an existing patent be challenged? | During disputes or opposition |
Landscape search | Who is active in this technology? | During R&D planning |
Status search | What stage is an application at? | Any time after publication |
Our article on freedom to operate analysis explains why product launches need a separate check.
When should you run a patentability search?
The right time is after your invention is clearly defined but before you disclose it publicly. A search on a vague idea searches the wrong thing, while a search after disclosure may find your own publication.
If you file a provisional application first, consider updating the search before filing the complete specification. Features added during those 12 months were not part of the first search.
What if the search finds your own earlier disclosure?
India has no general grace period. A demo video, website post or investor pitch without an agreement can count against your own application. Section 31 protects only narrow cases, such as display at a Government-notified exhibition or a paper read before a learned society, if you file within 12 months. Under the Patents (Amendment) Rules, 2024, this benefit is claimed using Form 31.
What can a patentability search not tell you?
No patentability search can guarantee that a patent will be granted or survive a challenge. Even the Patent Office’s own examination does not warrant a patent’s validity, as Section 13(4) states.
There are three built-in limits:
- The 18-month blind spot: Applications usually stay unpublished for 18 months under Section 11A. Under Section 13(1)(b), an Indian application filed before yours but published later can still defeat your claims. No private search can see it.
- The examiner searches again: After you request examination, the examiner runs an independent search and may cite documents a private search did not find.
- Database coverage: No single database holds every patent and publication, especially older or non-English records.
Can AI tools do a patentability search?
Specialised patent search platforms use AI to find related documents, but a general chatbot is not a patent search. It does not query patent registers and may wrongly call an idea “novel”. In August 2026, the Indian Patent Office issued guidelines on AI in patent examination, allowing examiners to use AI search tools only with independent human checking. The same caution applies to your own searches.
Are there public or low-cost search options in India?
Yes. Before or alongside a professional search, you can use these official routes:
- Free databases: InPASS for Indian records and PATENTSCOPE for worldwide records. These work well as a first screen.
- Technology and Innovation Support Centres (TISCs): Set up under a WIPO programme, India’s TISCs offer search help and training. Centres include those in Chandigarh, Chennai and Visakhapatnam.
- International search by the Indian Patent Office: If you file a PCT application, the Patent Office can act as the International Searching Authority. The statutory search fee is ₹10,000, with a reduced fee of ₹2,500 for eligible applicants. The report includes a written opinion on patentability.
Our guide to national phase patent filing in India explains how the PCT route continues after the international stage.
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Frequently Asked Questions
Is a patentability search mandatory in India?
No. The Patents Act, 1970 does not require a search before filing. It is a planning step that helps you decide whether, and how, to file.
How long does a patentability search take?
It depends on the technology and the scope agreed. Simple mechanical inventions often take one to two weeks, while chemical or biotechnology searches can take longer.
What does a patentability search cost?
There is no government fee for a private search. Professional fees depend on the invention’s complexity, the number of databases and countries covered, and whether a written opinion is included.
Does a clear search result mean my patent will be granted?
No. A clear result supports a filing decision, but the examiner’s independent search and unpublished earlier applications can still lead to objections.
Is a patentability search the same as checking my application status?
No. A status search looks up an existing application on InPASS. A patentability search looks for earlier inventions that may affect your own.
Final Thoughts on Patentability Search Services
Patentability search services are most useful when you know what to expect from them. A good search is built around a clearly defined invention, covers patent and non-patent records worldwide, and ends in a reasoned opinion that states its own limits. It reduces uncertainty; it never removes it.
At Legismith LLP, we believe inventors who understand the search make better filing decisions. You can read more about the work involved on our patent services page, or get in touch if you have questions about searching your invention.
At what stage of your invention do you think a patentability search would help you most?
Disclaimer
The content provided in this article is for general informational purposes only and does not constitute legal advice. Please consult with a qualified IP attorney for your specific needs.
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