What is a Patent Search?

A patent search is one of the most important steps before filing a patent application. It identifies existing inventions that could affect whether your patent will be granted — and how strong your claims can be.

A patent search, also called a patentability search, is a search of existing patents, published patent applications, and other publicly-available documents — collectively referred to as “prior art” — to locate the closest existing things to your invention. The USPTO examines a patent application by comparing the claimed invention with the prior art, and a patent can be issued only if the invention is new and not an obvious combination of things in the prior art.

I perform patent searches for inventors and businesses as part of my patent practice, and I provide a written opinion summarizing the results and their implications for patentability. If you are considering filing a patent application, contact me to discuss whether a patent search makes sense for your situation.

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What Does a Patent Search Look For?

A patent search looks for prior art — any publicly available information that existed before your invention’s priority date that is relevant to your invention. This includes:

• Previously issued U.S. and foreign patents
• Published U.S. and foreign patent applications
• Scientific and technical literature
• Commercial products and publicly available descriptions of products
• Online publications, websites, and any other publicly available information

It is important to understand that a patent search will not tell you whether your invention infringes someone else’s patent. Infringement analysis requires a separate freedom-to-operate search and legal opinion, which is a different type of search with a different purpose.

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What is the Purpose of a Patent Search?

A patent search serves several important purposes:

Assessing patentability
The primary purpose of a patentability search is to determine how different your invention is from what already exists. The search identifies the closest prior art so that we can evaluate whether your invention is likely to be considered new and non-obvious — the two core requirements for patentability.

Informing claim strategy
Understanding the prior art landscape helps shape how the patent claims are drafted. Claims need to be broad enough to provide meaningful protection but narrow enough to distinguish from the prior art. A patent search before filing allows for a more strategic approach to claim drafting.

Identifying potential obstacles early
A patent search can reveal prior art that might prevent a patent from issuing — or that might require narrowing the claims significantly. Identifying these obstacles before filing is far less costly than discovering them during prosecution after investing in a full application.

Revealing whether the invention already exists
A patent search can reveal that the inventor’s invention has already been made — even if it has never been commercially available for purchase. This is one of the most valuable things a search can do, as it can save significant time and money that would otherwise be spent pursuing a patent that cannot issue.

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What Happens During a Patent Search?

When I perform a patent search, here is what the process looks like:

1. Understanding the invention — I review the invention disclosure and identify the key technical features that define what is novel about the invention.
2. Searching the databases — I search U.S. and international patent databases, published patent applications, and other relevant sources using targeted search terms and classification codes.
3. Analyzing the results — I analyze the most relevant prior art references found and assess how they compare to the invention.
4. Preparing a written opinion — I prepare a memorandum that summarizes the most relevant prior art, identifies the aspects of the invention that appear to be most distinguishable, and provides an opinion on patentability and recommended next steps.

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Do I Need a Patent Search Before Filing?

A patent search is not legally required before filing a patent application — but it is almost always advisable. Here is why:

• It informs the decision to file. If the search reveals very close prior art, you can make an informed decision about whether filing makes sense before spending money on a full application.
• It improves the quality of the application. Knowing the prior art landscape before drafting allows for stronger, better-targeted claims.
• It satisfies the duty of disclosure. Inventors and their attorneys have a duty to disclose known prior art to the USPTO. A patent search helps identify prior art that should be disclosed in an Information Disclosure Statement (IDS).
• It can save significant money. Discovering a fatal prior art reference after filing — and after paying filing fees, attorney fees, and prosecution costs — is far more expensive than discovering it before.

That said, there are situations where skipping a formal search may make sense — for example, when an inventor has already conducted extensive research in the field and has a strong existing knowledge of the prior art, or when a provisional application needs to be filed quickly to establish a priority date.

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Types of Patent Searches

Several types of patent searches serve different purposes:

• Patentability search — The most common type. Searches for prior art to assess whether an invention is likely patentable. This is what most people mean when they say “patent search.”
• Freedom-to-operate search — Searches for unexpired patents that might be infringed by a product or process. Different from a patentability search — a product can be patentable but still infringe someone else’s existing patent.
• Validity search — Searches for prior art that could be used to challenge the validity of an existing patent, typically in the context of litigation or licensing negotiations.
• State-of-the-art search — A broad survey of existing technology in a field, used for research and development purposes rather than for filing a specific patent application.

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Frequently Asked Questions

How long does a patent search take?

A professional patent search typically takes two to three weeks, depending on the complexity of the technology and the scope of the search. Rush searches can sometimes be accommodated when timing is critical.

How much does a patent search cost?

The cost of a patent search varies depending on the complexity of the technology and the scope of the search. I provide flat fee quotes for patent searches — contact me for current pricing.

Can I do my own patent search?

Yes — the USPTO’s patent database (patents.google.com and the USPTO’s PatFT/AppFT databases) is publicly available and free to search. However, a professional patent search is more thorough and includes an expert analysis of the results. Knowing what to search for, how to interpret the results, and what they mean for patentability requires experience and legal judgment.

Will a patent search guarantee my invention is patentable?

No. A patent search reduces uncertainty but cannot guarantee patentability. The USPTO examiner may find prior art that was not located in the search, and patentability ultimately depends on how the claims are drafted and how the examiner evaluates the invention. A search provides a professional opinion — not a guarantee.

What is prior art?

Prior art is any publicly available information that existed before your invention’s priority date that is relevant to your invention. This includes patents, published applications, scientific papers, product descriptions, websites, and anything else in the public domain. See my page on What is Prior Art? for a more detailed explanation.

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Ready to Get Started?

A patent search is often the right first step before committing to a full patent application. I provide professional patent searches with a written patentability opinion, so you can make an informed decision about whether and how to proceed.

Contact me to discuss your invention and get a quote for a patent search.