Legal Definitions - patent search

A patent search is a systematic investigation into existing patents and other publicly available information (often called "prior art") to determine if an invention is new and non-obvious enough to qualify for a patent, or to assess potential risks of infringing on someone else's existing patent rights.

Inventors, businesses, and legal professionals conduct patent searches for several critical reasons. It helps them understand the current landscape of patented technology, evaluate the strength of a potential patent application, and avoid costly legal disputes. While the U.S. Patent and Trademark Office (USPTO) conducts its own search when reviewing a patent application, performing an independent search beforehand is a crucial step that can save significant time and resources by identifying potential issues early in the innovation process.

Here are a few examples of when a patent search would be conducted:

• Example 1: Assessing Patentability for a New Invention

  Imagine an independent inventor, Sarah, has developed a unique water filtration system for homes. Before investing heavily in prototyping and filing a patent application, Sarah conducts a comprehensive patent search. Her goal is to discover if any similar water filtration systems, components, or methods have already been patented or publicly disclosed. If her search reveals that a key aspect of her invention is already patented, she can modify her design or decide not to pursue a patent, saving her considerable time and money. This illustrates a patentability search, aimed at determining if an invention meets the legal requirements for a new patent.

• Example 2: Avoiding Infringement Before Product Launch

  A technology startup, "EcoGadgets Inc.," is preparing to launch a new smart thermostat with an innovative energy-saving algorithm. Before bringing the product to market, their legal team performs an extensive patent search. They specifically look for active patents held by competitors or other companies that cover similar algorithms, control systems, or user interfaces. The purpose is to ensure that EcoGadgets Inc.'s new thermostat does not inadvertently infringe on any existing patent rights, which could lead to expensive lawsuits or injunctions. This is an example of an infringement search, conducted to mitigate legal risks associated with launching a new product or service.

• Example 3: Challenging the Validity of an Existing Patent

  "BioPharma Corp." holds a patent for a specific drug delivery method. A competitor, "MediSolutions LLC," believes this patent is invalid because they recall seeing similar technology described in scientific papers published years before BioPharma Corp. filed its patent application. MediSolutions LLC commissions a patent search to find "prior art"—any evidence of the invention existing or being publicly known before BioPharma Corp.'s patent filing date. If successful, this search could provide the evidence needed to challenge and potentially invalidate BioPharma Corp.'s patent in court. This demonstrates a validity search, often performed to challenge or defend the legal standing of an already granted patent.