How a prior art search works, in plain English
"Prior art" sounds technical, but the idea is simple: it is anything made public before your filing date that relates to your invention. A prior art search is the work of looking for it.
What counts as prior art
Earlier patents and patent applications are the obvious source. But prior art can also be a published paper, a product that was on sale, a web page or a conference talk. It can come from any country and be in any language.
The steps, simply
- Describe the invention. Write a short, plain description of what it is and how it works.
- Choose the words and classes. The same idea is described in many ways. Searchers try several terms and also use patent classification codes, which group patents by subject.
- Search the databases. Patent offices and public databases publish patents and applications, and you can search them.
- Read what comes back. Titles are not enough. The claims, which set out what each patent protects, are the part that matters most.
- Follow the citations. Patents refer to earlier patents. What a close match cites, and what cites it, often leads to more relevant material.
- Compare feature by feature. For each part of your invention, note whether an earlier document shows it, partly shows it, or does not.
Reading the results with care
- A close match does not always mean a refusal, and no match does not mean you are clear. Both need judgement.
- Many patents are only partly relevant. A feature-by-feature comparison keeps that visible.
- Search results are a starting point for a conversation with a registered patent attorney, who can tell you what they mean.
Where Invenit fits
Invenit is being built to do the searching and reading for you: it will search patent databases, read what it finds, and compare it with your invention. It will not write or file patents, and it is not legal advice. Join the waitlist to hear when it opens.