Patent Search (Prior Art Search)
A patent search checks what already exists before you spend on a patent filing or a product launch. A patentability (prior-art) search tells you whether your invention is new and inventive under the Patents Act, 1970. A freedom-to-operate search tells you whether your product may fall within someone else’s live patent. We search Indian and international databases and give you a written report.
What it is
A patent search is a structured look through earlier patents, published applications and other publications, together called prior art, to see what is already known about an idea. Under Section 2(1)(j) of the Patents Act, 1970, an invention is a new product or process that involves an inventive step and is capable of industrial application.
“New” is tested against the whole world. Section 2(1)(l) says a new invention is one not anticipated by publication in any document, or used in India or elsewhere in the world, before the filing date of the complete specification. Inventive step, under Section 2(1)(ja), means a technical advance over existing knowledge, or economic significance, or both, that makes the invention not obvious to a person skilled in the art.
The Patent Office searches too. Under Section 13, the examiner looks for anticipation once you have filed and asked for examination. A search before filing tells you in advance what the examiner is likely to find.
Who it applies to
You have an invention and plan to file
Inventors, researchers, MSMEs and startups, including those with Startup India recognition, who want to know if an idea is worth a patent application.
You are launching or importing a product
Check that a new product or process does not fall within a patent in force where you will make or sell it.
You are buying, licensing or funding technology
Before you sign, see what the patents around a technology really cover, and whether earlier documents could challenge them.
Why it matters
Save drafting and filing costs
If the idea is already published, you find out before paying for drafting, filing and examination. Then you can refine it, or drop it cheaply.
Write claims that survive examination
Knowing the closest prior art lets the specification claim what is new and steer clear of what is not. Expect fewer surprises at examination.
Stay clear of live patents
A patent lasts 20 years from its filing date under Section 53 and protects only in the country that granted it. A freedom-to-operate search maps the live patents in your market before you invest.
Prior-art search vs freedom-to-operate
| Patentability (prior-art) search | Freedom-to-operate (FTO) search | |
|---|---|---|
| Question | Can you get a patent? | Can you make and sell it without infringing? |
| What counts | Any earlier publication or use, anywhere, of any age | Patents in force, and pending applications, in your market |
| Geography | Worldwide | Each country where you make, sell or import |
| Expired patents | Still prior art | Usually free to use |
| Output | Opinion on novelty and inventive step | List of risky patents with status and expiry |
Take a Faridabad auto-components maker planning a new clamp design. A prior-art search answers whether the clamp can be patented. An FTO search answers whether making it would infringe a live Indian patent. Different questions, sometimes different answers.
Two other searches use the same method. An invalidity search hunts for prior art to knock out a patent asserted against you; a landscape search maps who is patenting in a field.
Documents required
For a patentability search
- A short write-up: the problem, how your invention solves it, and what you think is new
- Drawings, flowcharts or photos of prototypes
- Technical terms and keywords your industry uses
- Any similar products, papers or patents you already know of
For a freedom-to-operate search
- Product specification or process steps
- Key components and materials
- Countries where you will make, sell or import
- Planned launch date
About disclosures so far
- Dates and copies of any papers, presentations, demos, sales or online posts about the invention
- Any earlier patent application and its filing date
How it works
Break the invention into features
We go through the write-up with the inventor and list the essential features. Those features are what the search tests.
Plan keywords and classification codes
We list keywords and synonyms, pick the relevant International Patent Classification and Cooperative Patent Classification codes, and set date limits.
Search Indian and global databases
We search InPASS, the Indian Patent Office’s public search; WIPO’s Patentscope; Espacenet, the European Patent Office’s free database; and Google Patents. We also look at non-patent literature such as journals, theses and product catalogues.
Shortlist and compare
A long list of hits shrinks to a handful of close documents. We compare each with your invention, feature by feature.
Report, then recommend
You get a written report and a clear recommendation: file, refine or drop. If the answer is file, we can move straight to your patent application.
What your search report contains
- Scope: the invention as searched and its key features.
- Search strategy: databases, keywords, classification codes and date range, so anyone can check or repeat it.
- Closest prior art: each document’s number, title, date and owner, with a note on why it matters.
- Feature comparison: a chart showing which of your features each document discloses.
- Opinion: on novelty and inventive step for a patentability search; for an FTO search, a risk rating for each patent with its legal status and expiry date.
- Next steps: how to frame the claims, or how a design could avoid a risky patent.
- Limitations: what no search can see, such as applications not yet published.
Timelines
Search before you disclose or file
Any publication before filing can destroy novelty, including your own. Say an engineering student posts a demo video of a new sensor, then decides to patent it a month later. That video is now prior art, and the exceptions in Section 31 are narrow.
Update it within the provisional window
If you file a provisional application first, the complete specification is due within 12 months. Update the search before drafting the final claims.
Re-run it before requesting examination
Here is the catch: applications stay unpublished for 18 months, so any search misses recent filings. The request for examination (Form 18) is due within 31 months of the priority or filing date, whichever is earlier; re-run the search before you file it.
What happens if you skip the search
The examiner finds the prior art for you
Under Section 13 the examiner searches for anticipation. If the examination report cites a close document, you may have to narrow your claims sharply, or the application may fail after the fees are spent.
Someone opposes your patent
Any person can file a pre-grant opposition after publication under Section 25(1), or a post-grant opposition within one year of the publication of grant under Section 25(2). Earlier publication, in India or elsewhere, is one of the grounds.
You launch into a live patent
Launch a product that falls within someone else’s patent and you invite an infringement suit. In practice, an injunction arrives at the worst time: after the tooling is paid for and the stock built.
Frequently asked questions
Is a patent search mandatory before filing a patent in India?
No, the Patents Act, 1970 does not require a search before filing. The examiner searches anyway under Section 13, but only after you have paid for drafting, filing and examination. A search before filing costs far less than a failed application and shows where the real novelty lies. It is the cheapest point at which to find a problem.
What is the difference between a prior-art search and a freedom-to-operate search?
A prior-art search asks whether you can get a patent; a freedom-to-operate search asks whether you can sell your product without infringing someone else’s. The first looks at everything published anywhere, at any time. The second looks only at patents in force, and pending applications, in the countries where you will make or sell. Many businesses need both, and we can run them together.
Which databases do you search?
We search InPASS, the Indian Patent Office’s public search system, for Indian applications and patents. For worldwide coverage we use WIPO’s Patentscope, Espacenet from the European Patent Office, and Google Patents, all of which are free. We also check non-patent literature such as journals, theses and product catalogues, because Section 2(1)(l) counts publication in any document, patent or not.
Can a patent search guarantee that my patent will be granted?
No search can guarantee a grant. Patent applications are normally kept unpublished for 18 months, so recent filings are invisible to everyone, including us. Some documents also sit in databases that are hard to search. A good search cuts the risk sharply: you file knowing the closest prior art, with claims written around it.
Does my own earlier presentation or product demo count as prior art?
Yes, it can. Section 2(1)(l) tests novelty against publication or use anywhere in the world before the filing date, and it makes no exception for the inventor’s own disclosures. Section 31 covers only narrow cases, such as display at an exhibition notified by the Central Government, with filing within 12 months. So tell us about every disclosure, and file before you publish.
When is the best time to do a patent search?
Before you file and before you disclose the idea in public. If you have already filed a provisional application, update the search before the complete specification, which is due within 12 months. Run it again before the request for examination, due within 31 months of the priority or filing date. For FTO, search before you commit money to tooling, stock or a launch.
Is a clear FTO search in India enough for exports?
No. Patents are territorial: an Indian patent protects only in India. Say you make a kitchen appliance in Faridabad and plan to sell it in Germany; a clear Indian result says nothing about Germany. Each country where you make, sell or import needs its own check. We scope the search to your actual markets, so you only pay for the countries that matter.
Is an invention free to use once its patent expires?
Generally yes. Under Section 53, a patent lasts 20 years from its filing date, and after that the invention is free for anyone to use. But check two things first: the patent’s legal status on the register, rather than an assumption, and any newer patents covering improvements you plan to add. An FTO search confirms both before you build on it.
Is my idea safe during the search?
Yes. Searching public databases does not publish anything about your invention; we use keywords and classification codes, not your write-up. We keep your disclosure confidential and are happy to sign a non-disclosure agreement before you share details. Avoid posting the idea online or pitching it publicly before filing. Keep it private until the application is on file.
What it costs
Our fee plus the government fee that applies to your case, quoted before you commit. Tell us the situation and we will price it exactly.
There is no government fee for a patent search. InPASS, Patentscope, Espacenet and Google Patents are free to use; what you pay for is the time and judgment behind the search and the report. Patent Office fees arise only when you file an application and request examination.
Ready to begin?
Send us a one-page note on your invention or product, and we will scope the right search for it.