IP Guide · India

Patentability Search in India

Patentability search in India: prior-art review before filing to assess novelty and inventive step. DuxLegis registered patent agents.

Know if your invention is likely patentable

A patentability search reviews prior patents, published applications, and selected non-patent literature to estimate novelty and inventive step before you invest in full drafting and filing.

It differs from freedom-to-operate (FTO) search, which asks whether launching a product infringes others’ patents—not whether you can obtain your own.

How DuxLegis conducts patentability searches

Agents map key inventive concepts, search Indian and major foreign databases, and deliver a practical opinion on claim focus, disclosure risks, and whether provisional or complete filing is warranted.

Software and AI inventions additionally require Section 3(k) analysis when assessing patentability in India.

Using search results in filing strategy

Search findings guide claim drafting, design-around options, and go/no-go decisions. Combined with commercial timelines, they reduce wasted prosecution spend.

DuxLegis serves clients across India through its offices and representative network in Mumbai, Navi Mumbai, Pune, Nagpur, Nashik, Aurangabad, Delhi, Ahmedabad, Indore, Chandigarh, Bengaluru, Hyderabad, Chennai, Kolkata, Visakhapatnam, Ernakulam, Thiruvananthapuram, and Valsad.

Frequently asked questions

Is a patentability search the same as FTO?

No. Patentability asks if you can get a patent; FTO asks if your product infringes existing patents.

Should I search before a provisional filing?

Usually yes—search improves disclosure quality and avoids filing clearly anticipated subject matter.

How long does a patentability search take?

Often one to two weeks depending on technology complexity and search depth.

Explore DuxLegis intellectual property services or speak with an intellectual property lawyer for guidance on your matter.