How to Do a Prior Art Search

Conducting a prior art search is a critical step in determining whether your invention is new and patentable. This guide provides a detailed, step-by-step method on how to do a prior art search effectively, whether you're preparing to file a patent or exploring the competitive landscape.

What Is Prior Art?

Prior art refers to any publicly available information that might demonstrate that your invention is not novel. It includes:

Published patents and patent applications

Scientific articles and academic papers

Public product disclosures and documentation

Blog posts, videos, or websites that describe similar ideas

Marketing materials, product manuals, or trade show demonstrations

If your invention has already been disclosed in any form before your filing date, it may not be patentable.

Why Conduct a Prior Art Search?

Doing a prior art search helps you:

Assess whether your invention meets the novelty requirement

Avoid investing in non-patentable ideas

Improve your patent claims by refining the unique aspects

Prepare for examiner objections during prosecution

Understand the competitive and technological landscape

Step 1: Define the Core of Your Invention

Start by describing your invention in simple terms:

What problem does it solve?

How does it work?

What makes it different from what's already out there?

Break it into key components or steps. This will help you form better search terms.

Step 2: Brainstorm Keywords and Synonyms

Use both technical and layman terms. Think of synonyms, abbreviations, and industry jargon.

Example for a drone delivery system:

Drone, UAV, unmanned aerial vehicle

Parcel, package, shipment

Navigation, geolocation, tracking

Strong keyword variation is critical for a comprehensive prior art search.

Step 3: Search Google Patents and USPTO

Use Google Patents for an initial sweep:

Try Boolean combinations like "drone delivery" AND geolocation

Use filters like assignee, inventor, CPC classification

Review results for similarities in structure or function

Then use the USPTO Patent Full-Text and Image Database (PatFT) or Patent Center to validate U.S.-specific filings.

Step 4: Expand to International Databases

Look beyond the U.S. with:

Espacenet (European Patent Office)

WIPO PATENTSCOPE

National patent databases (e.g., Japan, China, Korea)

Use machine translation where needed. Competitors may have filed patents in their home countries first.

Step 5: Search Non-Patent Literature (NPL)

Not all prior art is a patent. Use:

Google Scholar (academic papers)

IEEE Xplore and PubMed (technical and medical)

Product manuals and whitepapers

Archive.org for older documentation

Trade publications, blogs, forums, and Reddit

This broadens your understanding of the technical field and catches informal disclosures.

Step 6: Use Classification Codes

Patent classification codes help you find related inventions even if terminology varies:

CPC (Cooperative Patent Classification) for international searches

USPC (United States Patent Classification) for older U.S. patents

Start with keywords, find a relevant patent, then use its classification to find others like it.

Step 7: Analyze the Results

Ask:

Is the prior art describing the same idea or just a component?

Are there differences in method, implementation, or use?

Is your invention a non-obvious improvement?

Document each reference with its publication number, summary, and relevance to your concept.

Step 8: Consult a Patent Professional (Optional)

If your goal is patent filing, a professional patentability opinion can confirm your findings and advise on claim strategy.

Patent attorneys and patent search firms have access to advanced tools like:

STN, Derwent Innovation, Orbit

Proprietary databases with cross-referencing and analytics

Tools for Prior Art Searching

Limitations of DIY Prior Art Searches

Language barriers (non-English prior art)

Delayed publication of recent patent applications

Hidden disclosures in obscure literature

Always document your search and consider repeating it later before filing.

Conclusion

Knowing how to do a prior art search empowers inventors and researchers to make informed IP decisions. While not always a substitute for professional advice, a solid search can prevent wasted resources and improve the quality of your patent application.

How to Do a Prior Art Search