How to Do a Patent Search and Why It Matters

What is a patent search?

A patent search is a critical part of the patent application process since it allows you to search for existing patents that may be similar to your invention or idea. It can help you determine whether there are any existing patents—also called “prior art”—that may prevent you from acquiring your own patent.

While similar, a patent search is not the same as a prior art search. A prior art search searches for all information relevant to an idea or invention, which can include existing patents, but may also include non-patented material related to your idea, such as articles, existing inventions and products, presentations, and more. It’s important to complete both a patent search and a prior art search when deciding whether to patent your idea, since material doesn’t necessarily have to be patented to interfere with the patentability of your application.

How to do a patent search in 6 steps

Before you embark on your search, it can be helpful to have an understanding of how the patent searching process works and what you’ll need to conduct one effectively. 

Step 1: Prepare for your search

Before you even begin searching for patents and prior art related to your invention, you’ll want to create a detailed description of your invention, including its purpose, features, and unique aspects, as well as the primary components and functionalities that distinguish it from other inventions.

It can also be helpful to compile a list of relevant keywords and synonyms related to your invention, since you’ll use these during your search.

Step 2: Access patent databases

There are many different databases you can use to conduct your patent search. We’ve listed a few of the most common ones here, and you may need to conduct searches on one or several, depending on the unique circumstances of your patent application.

• USPTO Patent Public Search: If you are based in the U.S., you’ll likely start with this database on the United States Patent and Trademark Office (USPTO) website, which offers access to U.S. patents and published applications from 1790 up to present day.
• Google Patents: Google’s patent search tool is a user-friendly way to search for both U.S. and international patents, but lacks the detailed search functionality of a USPTO search.
• LegalZoom patent search: If you’d rather leave the gruntwork to someone else, LegalZoom’s patent search service can provide you with a detailed comprehensive report of existing patents and patent applications that are similar to yours. All you have to do is fill out a simple online questionnaire, and LegalZoom handles the rest.
• Espacenet: Espacenet’s database compiles records of more than 150 million patents from around the world dating back to 1836, with helpful tools that can quickly translate foreign text.

Step 3: Conduct keyword searches

Begin your search by inputting your selected keywords into the database you’ve chosen. It can be helpful to start with the broadest keywords, then narrow down your results by grouping keywords together, separated by boolean operators—the words AND, OR, NOT—within parenthesis, to refine your search. 

For example, if you were searching for patents related to a non-stick cookie sheet, you could search “cookie sheet AND (non-stick OR greaseless)” to account for the fact that non-stick can be phrased in different ways.

Step 4: Review search results

Once you’ve gathered all of the results from your keyword search, it’s time to analyze the results to determine whether any existing or in-progress patents may make your own application invalid. You’ll want to scrutinize not just the abstracts, but any drawings and other specifications included with the patent. If any results feel irrelevant to your search, you can discard them and keep the relevant ones for closer inspection.

One area you may want to give extra close inspection to you is the “claims” section of the patent, which outlines which aspects of the invention are legally protected by the patent. This section is normally found at the end of the document.

Step 5: Utilize classification codes

Since patent databases house large numbers of documents, and patents can sometimes use vague or inconsistent terminology, patent application examiners will assign a cooperative patent classification (CPC) code to each patent in order to group inventions with similar utility into the same category.

If you notice that the most relevant patents from your search share the same CPC number, you can perform an advanced search and enter the CPC code into the search field, along with your keywords, to narrow down your search to patents with the same code. For more information on how to do this, consult the tutorial video on the USPTO website.

Step 6: Analyze prior art

Once you have your finalized list of relevant patents and applications, review again to determine how novel your invention is compared to patents that already exist. Even if your invention seems similar to other, already-patented inventions, try to identify specific areas where yours is unique.

If you’re unsure whether your patent application is valid, it may be a good idea to consult with a registered patent attorney to help you make a determination.

Why patent searches matter

A patent search is a valuable tool for anyone who is thinking about trying to patent their own invention. The USPTO only grants patents for new, non-obvious inventions, meaning that your application is unlikely to be approved if there are existing patents or a similar idea has been publicly disclosed. A thorough search can potentially save you a lot of time and money—the patent application process can be time-consuming and patent attorney legal fees can be expensive. You don’t want to go through all the time and expense on something that’s unlikely to be approved.

A patent search also lowers your chances of unintentionally infringing on someone else’s intellectual property rights, which could happen if you try to patent someone else’s invention. Even if you determine that your idea isn’t novel as it currently exists, reviewing patents can potentially spark ideas for improvements that may turn it into a more patentable concept.

FAQs

Is a patent search required before filing a patent application?

You aren’t legally required to perform a patent search before submitting an application to the USPTO. That’s because the agency will conduct its own search to determine the viability of your patent application, which may be more robust and extensive than your own search. But performing a search can still be in your best interest since it could save you a lot of time and effort. And, if you hire a patent attorney to help you, you could save yourself some money since you’ll have given them a head start on the search process.

How much does a professional patent search cost? 

You can perform your own patent search for free, but you’ll have to pay for the search performed by the USPTO when they review your application. Costs for this search vary, but are typically around a few hundred dollars.

If you choose to hire someone to perform your preliminary search for you, however, the costs can vary from a few hundred to a few thousand dollars, depending on the complexity of your invention and the scope of your search. 

What if I find a similar patent in my search?

If you find a patent for an invention that is similar to yours, you’ll want to scrutinize the claims section to determine whether there’s anything about your invention that helps differentiate it. Some inventions can look similar, but have unique features or technology that make it novel enough to patent. If you have any doubts about the validity of your patent application, it’s best to consult a professional, like a patent attorney, for guidance.

How long does a patent search take?

The time it takes to complete your search will depend on what your invention is and how many relevant search results you need to weed through to reach a determination. The USPTO office advises that searchers should plan to spend many hours on the task.