How to Do a Patent Search — A Guide for Texas Inventors
Before you invest thousands of dollars in a patent application, you need to know whether your invention is actually patentable. A patent search — also called a prior art search — answers that question by uncovering existing patents, published applications, and other public disclosures that are similar to your invention.
Skipping the patent search is one of the most expensive mistakes an inventor can make. I have seen inventors spend $10,000 or more on a patent application only to have the examiner reject it based on prior art that a thorough search would have identified up front.
This guide explains how patent searches work, when it makes sense to do your own research, and when you should hire a professional.
Why Patent Searches Matter
A patent search serves several important purposes:
Assessing Patentability
The primary goal is to determine whether your invention meets the two key requirements for patentability: novelty (is it new?) and non-obviousness (is it more than a trivial improvement?). The USPTO examiner will conduct their own search during examination, and if they find prior art that anticipates your invention or makes it obvious, your application will be rejected. A pre-filing search lets you evaluate this risk before spending money on an application.
Shaping Your Claims
Even if your core invention is novel, the search results help your patent attorney understand the landscape of existing technology. This allows them to draft claims that are strategically positioned — broad enough to provide meaningful protection but specific enough to distinguish your invention from the prior art. Without a search, your attorney is drafting claims blind, which often leads to unnecessary rejections and costly office action responses.
Competitive Intelligence
A patent search reveals what your competitors have patented, what they are working on (through published applications), and where the gaps in the technology landscape are. This information is valuable far beyond the patent filing itself — it informs product development, business strategy, and partnership decisions.
Cost Savings
A search typically costs 2,000. If the search reveals that your invention is already patented, you save the 25,000 you would have spent on an application that was doomed to fail. If the search shows a crowded field, you can adjust your strategy before committing resources. Either way, the search pays for itself.
Avoiding Infringement
A patent search can also reveal existing patents that your product might infringe, even if your specific improvement is patentable. This is separate from a patentability search — it is called a freedom-to-operate search — but the same tools and databases are involved. Understanding infringement risks early lets you design around existing patents or make informed business decisions about licensing.
Doing Your Own Research
Inventors are welcome to do their own patent research, and it can save time and money. Familiarizing yourself with what already exists in your technology area helps you understand the competitive landscape and can make the process more efficient when you sit down with a patent attorney.
The recommended tool for self-searching is Google Patents. Google Patents indexes patents and published applications from the US, Europe, Japan, China, Korea, and many other countries in a clean, familiar interface. You can search by keyword, browse full patent documents, and download PDFs.
A Word of Caution
If you do your own research, you must document what you find. This is not optional — it is a legal obligation. Any prior art you discover needs to be disclosed to the USPTO in your application’s Information Disclosure Statement (IDS). Failing to disclose known prior art can render your patent unenforceable.
For every relevant patent or publication you find, record:
- Patent number (e.g., US 10,449,657)
- Title of the patent or publication
- Why you think it is relevant — a brief note on what it discloses that is similar to your invention
- Where you found it — the database or source
Provide this information to your patent attorney so it can be properly included in the invention disclosure and filed with the USPTO. Do not simply bookmark pages or save screenshots — formal documentation matters.
The Value and the Limits of Self-Searching
Doing your own research can give you a head start. You know your technology area better than anyone, and you may be aware of competing products and industry publications that would not show up in a patent-only search. That context is genuinely valuable.
However, there are important limitations. Patent documents use specialized language that does not always match the terms inventors use to describe their own work. Classification codes, continuation applications, and international filings add layers of complexity. It is easy to miss relevant prior art — or to overreact to results that look similar but are actually distinguishable.
Professional Patent Searches
It is generally in the inventor’s best interest to employ a professional patent search firm or have the search conducted by your patent attorney. Professional searchers bring several advantages:
- Expertise in search strategy — knowing which databases, classification codes, and keyword combinations will find the most relevant prior art
- Access to commercial databases with more powerful search tools than the free public options
- Experience interpreting results — understanding what constitutes anticipation versus what can be argued around
- Thoroughness — covering non-patent literature, international filings, and prior art in non-obvious places
After the search is complete, your patent attorney reviews the results and provides a patentability opinion — a candid assessment of whether your invention is likely patentable and how the claims should be positioned to maximize your chances of success.
Interpreting Search Results
Finding prior art that is similar to your invention does not necessarily mean you cannot get a patent. Here is how to think about the results:
Exact Match (Anticipation)
If you find a single piece of prior art that describes every element of your invention, that is called anticipation under 35 USC 102. Your invention, as described, is not patentable. However, there may be specific improvements, variations, or combinations that are still novel.
Close but Not Exact (Obviousness)
More commonly, you will find several pieces of prior art that each cover some aspects of your invention. The question becomes whether combining these references would make your invention obvious under 35 USC 103. This is a nuanced legal and technical analysis — it is where a patent attorney’s expertise is most valuable. An experienced attorney can often find non-obvious distinctions and draft claims that navigate between the prior art references.
Distant Results
If the closest prior art is only loosely related to your invention, that is a strong indicator of patentability. Your attorney can draft broader claims with more confidence.
No Results
If your search turns up almost nothing, either your invention is highly novel or you are not searching with the right terms. Expand your search before concluding that the field is clear.
The Patent Attorney’s Role in Searches
When you work with a patent attorney, the search is part of a broader strategic process. After reviewing the search results, your attorney:
- Assesses patentability — provides a candid opinion on whether the invention is likely patentable and how broad the claims might be
- Identifies the closest prior art — determines which references the USPTO examiner is most likely to cite
- Develops a claim strategy — uses the search results to draft claims that are positioned to survive examination
- Recommends next steps — whether to proceed with a full application, narrow the focus, or reconsider the approach
With extensive experience and a proven portfolio of US patents across technology areas including Computer Science & Software, Oil & Gas, Mechanical Engineering, and Agriculture, I have reviewed thousands of search results and know how to interpret them in the context of real USPTO examination. That experience helps me give clients honest, practical advice about their chances of success.
Browse our Innovation Showcase to see examples of inventions that went through this process successfully.
Frequently Asked Questions
How much does a professional patent search cost? A professional patentability search typically costs 2,000, depending on the complexity of the technology and the scope of the search. A freedom-to-operate search, which is more comprehensive, may cost 7,000. These costs are a small fraction of the total patent filing investment and often save far more than they cost.
How long does a patent search take? A thorough professional search typically takes one to two weeks. A preliminary self-search can be done in a few hours, but should be followed up with a professional search before making filing decisions.
Can a patent search guarantee that my invention is patentable? No search can provide a guarantee. The USPTO examiner may find prior art that was not uncovered during the search, or may take a different view of the prior art’s relevance. However, a thorough search dramatically reduces the risk of surprises during examination and provides a strong foundation for strategic claim drafting.
Should I do a patent search before filing a provisional application? Ideally, yes. While some inventors file a provisional first and search later, doing the search before any filing lets you make a more informed decision about whether to invest in the provisional and helps ensure the provisional description addresses the closest prior art.
What if my search reveals that my exact invention already exists? This is disappointing but valuable information. It may mean that your exact idea is not patentable, but often the search reveals that a specific improvement, variation, or combination of features is still novel. Discuss the results with your patent attorney before giving up — there may be a patentable aspect of your invention that you had not focused on.
Disclaimer: All fees and cost estimates on this page are for informational purposes only and do not constitute a binding quote. Actual costs vary based on the complexity of the invention, USPTO fee schedules, exchange rates, and other factors. Contact Shannon Warren for a specific estimate tailored to your situation.
Ready to find out if your invention is patentable? Contact Shannon Warren to discuss a professional patent search. A thorough search is the smartest investment you can make before committing to the full patent application process.