How To Do A Patent Search To Discover Prior Art

Everything Inventors Need To Know About Patent Searches And Prior Art

Invention ideas have revolutionized our world, and we are thirsty for more...
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If you’re reading this, I believe that you belong to an elite group of individuals whose intelligence and creativity are a departure from what is considered normal.

Think about famous and historic artists and musicians for a moment: Hendrix, Dali, Matisse, Dylan, Cobain, etc.

There are plenty of people out there who bang drums, play pianos or paint murals, but only a select few are famous for it and will be remembered forever; they have transcended normality and become elite in their own reich.

I believe that inventors are, similarly, an exclusive group of ideators and conceptualists with the ideas, will, and belief to change the world.

I’m honored to have you, as an inventor, be it a new or established inventor, reading this article. 

Invention Info and our sister site are here because the journey of bringing your product or idea to market can be confusing; we want to debunk myths and point you in the right direction based on where you are in the invention process.

More specifically for this article, we want to help you sort out the whole business of patent searches: What are they and why do you need to do it? 
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First...What Is Prior Art?

Prior art is defined by statute 35. U.S.C. 102. Essintailly it means anything that previously exists in the public domain.

Prior art can include:

• Printed publications
• Conference handouts
• Presentations
• Books
• Web postings
• Newspaper articles
• Articles
• Other patents / pending patents / patent application
• Private or public offer for sale of a product

​Prior art is agnostic to where the material was published or in what language it was published.

Prior art may also include orally presented material, such as discussions at conferences, disclosures to competitors, certain disclosures to colleagues in a field, and other public statements.

​A warning: Be careful inventors! There is a potential that you could create prior art against yourself by publicly disclosing an invention prior to the filing of a patent application. Public knowledge of the invention is considered prior art.
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Prior Art Exceptions


​There are exceptions to what is considered "prior art."

For instance, some public use may be considered experimental.

Another case is if the invention was previously thought of by another inventor, but they abandoned the process of following through with a patent.

It's generally good to understand that there is a lot of gray area when it comes to prior art, and if you're searching for existing patents or other prior art to validate your own invention idea, getting help is recommended.
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help with prior art searches

Welcome To The Modern World: The Internet Has Definitely Changed The Patent Search Process 
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​The web has transformed nearly every human interaction.

We watch TV differently, listen to music differently, and communicate differently.

Heck, I’ll go on a limb and say I even go the bathroom differently (over 80% of Americans use a mobile device in the john, so yea, I’ll say I’m one).

Even my four-year- old daughter owns and can use a tablet.
 
So how has the internet changed the invention process and how has it impacted searching for and getting a patent?

Simple: you can secure a patent for your invention idea right from the comfort of your own couch.

Using the web can save you a lot of time and money when you decide your invention idea is viable and begin to figure out how to productize it.
 
Online research can help both the new and the seasoned inventor handle any roadblocks in the invention process, but most importantly it can assist in answering the most vital question, "How do I patent my idea?"

The first step in the patent process is to research existing patents and that starts with the patent search. 
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Searching For Existing Patents

Have you ever had an idea for a product that you believe would make life easier, better, faster, or more manageable? 

Have you ever thought ofselling your ideas to big companies and you needed to know if someone else beat you to the punch with your idea?
 
If either of these questions rings even vaguely true, you’ll want to know if your idea has previously been thought of, invented or patented.

At the end of the day, your invention or your idea needs to be unique (to be exact, it needs to be novel and non-obvious) if you ever want to monetize it.

One way to find the answer to these questions is to search for existing and pending patents on comparable products, patents, and pending patents to determine whether your invention is truly unique.
 
​Oh - and just in case I need to backpedal a little bit, let’s get a quick definition out there: 
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Patent 101: What Is An Invention Patent?

​​A patent is a document explaining the unique details of an invention. It is a legal document that grants someone the autonomy to stop others from creating, using or selling an idea or invention that you have now legally claimed as yours.
 
There are (some slimy) people out there who will attempt to take credit for and make a profit from your invention, but a patent gives you as the patentee the right to take legal action against anyone who tries to steal or claim your idea.

So yes, patents are quite important and if you have an idea you should begin the process of applying for a patent pretty soon thereafter. 

You'll also want to be aware of some of the laws around patents, so I'd advise checking out the following three articles:

• What are the laws about patent infringement?
• What are the general patent laws in the US?
• What is a patent troll?

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Patent Searches: ​How To Search For Existing And Pending Patents Online 

Searching for a patent online is the quickest, easiest way to know if your invention, gadget or widget idea is truly one of a kind.

The USPTO is the primary source for patent searches and information.

Their website has suggestions that can help you get started. However, the USPTO is not always the place to turn for personal, 1:1 advice. Think about it, have you ever tried to call any government office for anything? How long did you wait on hold? Yeah...

The first thing to know about searching for existing patents is that it’s no simple feat.

You can expect to invest considerable time and effort into this necessary step in bringing your invention idea to market.

The good news is, you don’t have to go at it alone. If you are looking for help with the patent search and research process, that’s exactly what we provide; we can evaluate where you are in the invention process and help you find cost-efficient, and often free, help with the next step in the process.

If that next step for you is a patent search, we have you covered and can connect you with the right companies or individuals to get your started.
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help with patent searches

​In the United States, patents are awarded and maintained by the Patent and Trademark Office (USPTO); this organization is part of the Department of Commerce.

The patent search is carried out by reviewing published patents that are related to your invention in order to figure out whether or not your idea has already been patented.

While doing this, you will come across similar ideas that could help improve your invention process without infringing on someone else’s patent.
 
If you want to take on patent searching for prior art alone, or at least want to cut your teeth before you ask for help, there are some considerations to keep in mind.
 
First, you’ll want to really think about your idea and write down every thought that surrounds your invention.

While undertaking this exercise you should contrive any related terms and words that could possibly be associated with your product or idea.

In other words, this is when you should document a very accurate description of your invention, with synonyms included. This step is a very deep dive into the functionality of your invention idea, its use cases, what your “widget” is built with or made up of, how it performs and what makes it perform, who would be using it, etc.
 
The truth is, as an inventor, you’ll want to have anddocument every detail that is relevant to your invention. This information can save you later in the patent and invention process.

The patent search is a good time to start this in-depth research and documentation of your invention (or continue and expand upon it if you’ve already started).
 
Once you have this information you’ll want to stop at the USPTO’s website. Their homepage has a site search function and you'll want to look for the Patent Full-Text and Image Database (PatFT).

Without elaborating too much on the site search process, it is a powerful tool that allows you to delve into existing patents and pending patents.

If you’re going about this yourself, you’ll want to use very specific terms relative to your invention. Browse the results for items that have the same or similar classifications as your invention.

The USPTO and EPO (European Patent Office) developed the CPC system: Cooperative Patent Classification.

CPC is a compatible classification system for technical documents and is essentially the currency for patent searches; they are also used when the patent is actually granted.

Again, if you’re unsure about doing it yourself after a few searches, just come back and let us know so we can help.
 
A patent search really isn’t as easy as entering some keywords in a search box to see what "prior art" shows up.

The USPTO patent database is extensive, and even a general search can be overwhelming (the results are not akin to a Google search!).

As mentioned, start by narrowing down your search criteria to more specialized terms - technical, synonyms, etc. And you'll have to learn to sort through results that err on the side of very technical writing.
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Actual screen cap from a patent search on USPTO.gov

The first thing to do is classify the patent into one of the three types of patents managed by the USPTO: A Utility Patent, a Design Patent, or a Plant Patent.

Then you can choose your approach based on your purpose.

If you’re just browsing for information, a novelty or state-of- the-art patent search is advisable.

However, if you're looking to take legal action or defend yourself against an infringement, a validity patent search is recommended.
 
After this step, it’s research time again. You need to thoroughly review every CPC document that is related to your invention idea.

You’re going to be looking for definitions and explanations that allow you to differentiate your product from anything that exists.

In order to patent an idea, it has to be unique - so be sure to take an objective standpoint in your research, but also be looking for ways to defend that your idea is indeed unique.
 
Next step: With any CPC that you identify as related to your invention idea, you then have to retrieve any and all patents that are related to that classification.

There is a link on the USPTO website to do this (they change their website so you may have to do some poking around for this). 
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That, in summary, is how you conduct an online patent search. But you’re not quite done once the patent search is complete...

Now you have to research the patents (and patent applications) that you came up with during your patent search.

You’ll want to do what’s considered a front-page review of each patent you found.

You’re looking for connections, correlations and affinities to your own product, invention or idea - again, you need to prove that yours is unique if you want to get a patent.
 
The patent search process is enduring; it consists of a lot of in-depth research. If you’re not thorough and careful, you could end up spinning your wheels in the snow and not getting anywhere.

I urge that if it’s your first time or your first invention idea, let us know so we can help you - our site is free to use and we’ve helped thousands of inventors get to a point where they are selling their ideas and products to stores such as Walmart, Best Buy, Lowes, etc.

Some inventors and entrepreneurs may decide to cut their costs by doing the patent search on their own.

We encourage that level of dedication, but forewarn that it can be risky; a patent search could end up revealing nothing when done by a non-professional.

So while you may save money doing your own research, remember the thousands of dollars you will spend if you launch an invention based on the false premise that your patent was the first.
 
Happy inventing!
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