Filing a patent without a prior patentability search is like launching a product without knowing the market—it invites costly surprises. A patentability search, also known as a novelty search, helps determine whether your invention is genuinely new and potentially patentable. Too often, inventors submit applications that are later rejected due to existing inventions (prior art) they didn’t know about. This leads to lost time, wasted money, and missed opportunities. In this post, we explain why every inventor should start with a patentability search, how it works, and how it can influence your success with the USPTO. What Is a Patentability Search? A patentability search investigates whether an invention meets the requirements of novelty and non-obviousness by reviewing published patents, patent applications, and non-patent literature. The goal is to identify prior art—anything already known or publicly disclosed—that could prevent your idea from being granted a patent. This search: Cov...
When it comes to safeguarding or challenging patents, two types of searches play a pivotal role: patent validity searches and patent invalidity searches . Both involve the analysis of prior art, but the purpose, timing , and strategic value of each are very different. Patent owners employ validity searches to ascertain the validity of their patent claims. Competitors or potential infringers employ invalidity searches to attack the enforceability of the very same claims. Understanding how these searches work, when to use them, and how they influence litigation, licensing, and business planning is critical to innovators, businesses, lawyers, and investors. What is a Patent Validity Search? Patent validity search identifies whether a granted patent is valid if challenged. Patent validity search is usually conducted by the patentee or an interested party such as an investor or a licensee to ascertain the validity of the patent claims. Why do a validity search? So the patent can be enfor...