# Patent Search & Patentability Opinion

> A patentability search looks for prior art — earlier patents and publications anywhere in the world — to judge whether your invention is new and involves an inventive step before you spend on filing. A freedom-to-operate search asks a different question: whether launching your product could infringe someone else's live patents in your target markets.

Practice: Trademark, Copyright & Patents — https://www.industax.com/services/trademark-ip/

India grants patents for inventions that are new, involve an inventive step and are capable of industrial application, subject to exclusions such as mathematical methods and computer programs per se.

Searches are run by our partner registered patent agents across patent databases and non-patent literature, and summarised in a written opinion that helps decide whether, where and how to file.

## Key facts

| Item | Detail |
| --- | --- |
| Criteria | Novelty, inventive step, industrial application |
| Excluded | Includes mathematical methods and computer programs per se |
| Search scope | Global patent databases and literature |
| Delivered by | Registered patent agents |

## Who needs this

- Inventors and startups before filing
- R&D teams before product launch
- Investors evaluating IP-led startups

## What's included

- Invention disclosure review
- Prior-art search
- Patentability or FTO opinion

## Documents

- Invention disclosure (description, drawings)
- Known competing products or patents
- Target markets and planned launch dates (for freedom-to-operate)

## Process

1. **Disclose** — Invention captured under confidentiality.
2. **Search** — Prior art searched by a patent agent.
3. **Opinion** — Written patentability / FTO opinion.

Work that legally requires a registered patent agent is signed by a partner professional; Indus Tax coordinates it.

## FAQs

### Is software patentable in India?

Computer programs per se are excluded, but inventions with a technical effect implemented through software may be patentable.

### Should I disclose my invention publicly before filing?

No. Public disclosure before filing can destroy novelty.

### What is a freedom-to-operate search?

A search for live patents your product might infringe in the markets where you plan to sell.

## Official sources

- IP India — Trade Marks Registry & e-filing: https://ipindia.gov.in/

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Canonical page: https://www.industax.com/services/trademark-ip/patent-search
Publisher: Indus Tax — CA-led tax and compliance firm (https://www.industax.com). Contact: info@industax.com, 9059139258.
This is general information, not advice for your specific facts.