Patent Searches
Asked & Answered
What is a patent search?
A patent search is a review of prior art, such as patents, published applications, and sometimes non-patent literature, to find existing technology that may affect whether an invention is new, nonobvious, or worth pursuing.
A search does not guarantee that an invention is patentable, but it helps estimate risk and refine your filing strategy. It can show what is already known and where the best opportunities for claims may be. Some prior art is confidential, such as pending applications that have not been published yet, so there is always some risk that a search will miss something.
Looks for relevant prior art.
Helps assess novelty and nonobviousness.
Informs claim drafting and business decisions.
Example: Before filing on a new kitchen gadget, an inventor runs a search and finds several close patents. The application can then focus on the features that are truly distinct.
Next step: See why a search matters even when you want to file quickly.
Why is a patent search important?
A patent search usually starts by identifying the key features of the invention, then building search terms and patent classifications, reviewing patents and publications, and comparing the closest prior art to your invention.
Good searching is more than typing a product name into a database. It involves synonyms, technical terminology, patent classifications, and careful reading of references that may describe the same idea in very different language.
Break the invention into its core features.
Search keywords and synonyms.
Identify the relevant patent classifications.
Compare the closest prior art to the invention.
Example: For a new pet feeder, a search may use terms like timed dispenser, portion control, and sensor-triggered feeding, along with related classifications, instead of just "pet bowl."
Next step: Decide whether to search yourself or work with a professional.
How do you conduct a patent search?
A patent search usually starts by identifying the key features of the invention, then building search terms and patent classifications, reviewing patents and publications, and comparing the closest prior art to your invention.
Good searching is more than typing a product name into a database. It involves synonyms, technical terminology, patent classifications, and careful reading of references that may describe the same idea in very different language.
Break the invention into its core features.
Search keywords and synonyms.
Identify the relevant patent classifications.
Compare the closest prior art to the invention.
Example: For a new pet feeder, a search may use terms like timed dispenser, portion control, and sensor-triggered feeding, along with related classifications, instead of just "pet bowl."
Next step: Decide whether to search yourself or work with a professional.
Can inventors do their own patent search?
Yes. Inventors can do a preliminary patent search, and it can be a useful way to learn the landscape. But self-searches often miss relevant prior art, so a professional review is usually worthwhile before you make major filing decisions.
A search of your own is a good first filter, especially for obvious existing products and broad concepts. Patent searching is a learned skill, though, and an attorney's review helps because the legal significance of a reference is often harder to judge than inventors expect.
A self-search is useful for a first pass.
Professionals search more thoroughly.
Interpreting the references matters as much as finding them.
Example: An inventor finds several similar published applications but can't tell whether they truly block patentability. That is where attorney analysis helps. A reference that looks close does not always end the road, because valuable details can still be patentable even when the general concept is known.
Next step: [Ask us to review what you find]([CONSULT URL]).
Can you patent an idea without a prototype?
In many cases, yes. You can seek patent protection without building a physical prototype as long as the application describes the invention in enough detail to show how to make and use it.
Patent law focuses on disclosure, not on whether a finished product exists. What matters is whether the application teaches the invention well enough. For some inventions, drawings and a detailed technical explanation are enough.
A prototype often helps, but it is not required.
The written description still has to be strong.
Vague concepts remain a problem.
Example: A mechanical inventor files based on CAD drawings, detailed dimensions, and an explanation of how the device works, even though manufacturing has not started.
Next step: [Learn which kinds of inventions can be patented](LINK TO PATENT BASICS PAGE).
How much does a patent search cost, and how long does it take?
Our patent searches typically fall between [ERIC: low range] and [ERIC: high range], and most take about [ERIC: confirm timing, current page says about three weeks]. The final estimate depends on how complex the invention is and how many related patents we find to review.
Your search is a report on the closest prior art we find, along with our view on what it means for your filing. We confirm the estimate after a short conversation about your invention.
Cost depends on complexity and the amount of prior art found.
The search is separate from the cost of preparing an application.
Many clients find that a search saves money by focusing the application.
Example: A simple mechanical product with few close patents will generally be on the lower end. A software or hardware system with many related patents takes more review and will typically cost more.
Next step: [Schedule a consultation to get an estimate for your invention]([CONSULT URL]).
What is a freedom to operate search?
A freedom to operate (FTO) search looks for existing patents that your product might infringe. A patent search asks whether you can get a patent. An FTO search asks whether you can safely sell your product. [ERIC: please review this whole answer]
The two answer different questions, and a product can pass one and fail the other. Getting your own patent does not give you the right to sell if someone else holds broader patent rights. FTO searches matter most before you launch, raise money, or invest heavily in manufacturing.
Patent search: can I get a patent?
FTO search: could my product infringe someone else's patent?
Often worth considering before a product launch.
Example: A startup patents a new drone mount. Before launching, an FTO search checks whether other companies hold patents on similar mounting designs that could create a risk.
Next step: [See the freedom to operate search options](LINK TO SERVICES PAGE).
Not sure where you fit?
A short conversation can save you months of guessing.
Give us a call (800) 949-0255 (toll free)
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