Patent searches are categorized according to how the search results will be used.
Patent Search Types
Novelty Search
This search type identifies prior art references relevant to assessing whether an invention, as currently conceived and claimed, meets the novelty requirement under patent law, by determining whether any single prior art reference or combination of references discloses all elements of the invention.
Infringement Search
This search type assists in determining whether selling a product or providing a service might violate someone else's legally enforceable patent.
Validity Search
This search type assists in identifying prior art references that may be used to challenge the enforceability of the claims of an issued patent, including in post-grant proceedings before the Patent Trial and Appeal Board (PTAB).
How TCP Law Can Help
A patent attorney at TCP Law can conduct a patent search and interpret the results to assess patentability, infringement, and validity. TCP Law utilizes an AI platform that enables keyword and semantic-based patent searches. This platform also offers an initial analysis of the elements described in a semantic input that may be disclosed in the identified prior art.
If you have any general questions about patents or would like to discuss a specific patent matter, please feel free to contact me at john@tcplawfirm.com or at 917-612-1059.
When determining whether to conduct a patent search prior to preparing and filing a patent application, several practical and strategic considerations should be taken into account. This decision is not always straightforward. The scope and effectiveness of any patent search—no matter how comprehensive—can be influenced by factors such as budgetary constraints, the experience and judgment of the searcher, and inherent limitations of the patent system itself. Notably, patent applications filed within the past 18 months are generally not published and therefore are not accessible through public databases. As a result, even a thorough and costly search cannot guarantee that all prior art relevant to a future patent application or its claims will be identified.
That said, a well-executed basic patent search can provide meaningful value during the patent preparation process. A basic search is typically designed to identify primary references—prior art disclosures that may anticipate or closely resemble an embodiment of the invention as currently conceived. These references help applicants gain a clearer understanding of the existing patent landscape within the relevant technology area. While a basic search may not uncover secondary references that could later be combined with primary references to form an obviousness rejection, it nonetheless offers important early insight into potential patentability challenges.
The results of a basic search can be used proactively to strengthen a patent application. By understanding how the invention compares to identified primary references, an application can be drafted to include additional technical features, alternative embodiments, and strategic claim limitations that may help distinguish the invention from known technology. Search results can also help anticipate the types of prior art that may be cited by a patent examiner in an initial office action, allowing for more informed drafting and prosecution strategies from the outset.
At TCP Law, we enhance this process through the use of an advanced AI-based patent search platform. This platform supports both traditional keyword-based searches and sophisticated semantic-based searches that analyze the substance of an invention rather than relying solely on terminology. Semantic searching allows for text-based queries that reflect the functional and structural limitations of an embodiment of the invention, improving the ability to identify relevant prior art even when different language is used. In addition, the platform can analyze selected references to identify potential gaps or missing claim limitations, providing deeper insight into how an invention may be distinguished and how claims may be strategically developed.
Comprehensive and Basic Patent Searches
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Patent Search
A patent search is a critical early step in the innovation and intellectual property protection process. Its primary purpose is to evaluate whether an invention is likely to meet the legal requirements for patentability while also providing insight into the existing patent landscape within the relevant technological field.
Conducting a patent search involves systematically identifying, reviewing, and analyzing relevant prior art, which includes issued patents, published patent applications, and other publicly available materials such as technical publications, academic papers, product documentation, and industry disclosures. These references are examined to determine whether they disclose elements, features, or concepts that are similar or identical to those of the invention under consideration.
Beyond assessing patentability, a comprehensive patent search helps inventors, companies, and practitioners understand how similar technologies have been developed, claimed, and protected by others. This analysis can inform strategic decisions regarding claim scope, research and development direction, risk management, and potential freedom-to-operate concerns. By clarifying how an invention fits within the broader technological and intellectual property landscape, a patent search provides a valuable foundation for informed decision-making before investing in patent filing, product development, or commercialization.
