What Is a Patent Search?

A patent search means looking for existing patents that might affect your invention. This includes:

• Patents and applications in official databases (like the U.S. Patent Office or European Patent Office)

Two Common Types of Searches

• Novelty Search (Patentability Search):
  Checks if your invention is new and non‑obvious—two key requirements for getting a patent.
• Freedom to Operate (FTO) Search:
  Looks for active patents you might infringe if you make or sell your product.

 Pros of Doing a Search Before Filing

1. Spot Existing Ideas Early
   Helps you see if your invention is truly new.
2. Write a Stronger Application
   Knowing what’s out there lets you focus on what makes your invention different.
3. Avoid Legal Trouble
   Reduces the risk of infringing someone else’s patent.
4. Save Money Later
   If the search identifies concerns, you can change direction before spending on patent filings and patent prosecution fees.

Cons of Doing a Search

1. Takes Time and Costs Money
   A good search can delay filing and add expense.
2. Not Perfect
   Even the best search is not exhaustive and may miss prior art. Examiners can still find other references.
3. Needs Expertise
   Patent searches are complex. Most inventors hire a professional. 

When to Search vs. File First

• Search first if you have time and want to reduce risk before investing more.
• File first (for example, a provisional application, which is a quick, lower‑cost filing) if you need to secure a date fast—such as before a product launch or public disclosure.

FAQs

What is “prior art”?
Any existing information—patents, publications, products—that shows your invention is not new.

Does a patent search guarantee I’ll get a patent?
No. While it reduces risk of not getting a patent it does not guarantee success.

What is a provisional application?
A temporary patent filing that gives you 12 months to file a full application while securing an early date.

What does “non‑obvious” mean?
Your invention must not be an obvious change that could be made by a skilled person in the art to something that already exists.

Glossary of Key Terms

• Patent Search: Looking for existing patents related to your invention.
• Novelty: The invention must be new.
• Non‑Obvious: The invention must not be an obvious improvement on existing ideas.
• Prior Art: Any existing knowledge that could affect patentability.
• Provisional Application: A quick, lower‑cost filing that holds your place for 12 months.
• Freedom to Operate (FTO): Checking if you can make or sell without infringing others’ patents.

Key Takeaways

• A patent search is helpful but not required.
• It can improve your application and reduce risk of not getting a patent, but it’s not a guarantee.
• If you skip the search, write your application to cover multiple versions of your invention so you have options later.

Disclaimer: This article is for information only and is not legal advice. Always consult a qualified patent professional for your specific situation. Contact us now.

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Updated September 2025