Skip to Main Content

Patents: Searching for Prior Art

What is Prior Art?

"Prior art" refers to any previous mention of the technology or device in the public domain.

An inventor who believes their invention is new and wants to apply for a patent must first conduct prior art searching, before applying for the patent.

In other words, the inventor must search the internet, research databases, and other sources beyond granted patents.

It is not an exact science, so it is difficult to guarantee that one has successfully searched all relevant prior art and citation.

 

Conducting Prior Art

What to think about when conducting Prior Art searching:

It is important to understand the concept of what the invention aims to do, what is novel about it, and what the key features are.

Types of searches to do:

Keyword search

  • Simple tips for using keywords to search:
    • What are the keywords or search terms best used to describe the invention?
    • Think of the synonyms or technical terms associated with the main terms used
    • Search from broad to narrow
    • Search different fields
    • Search different patent databases and non-patent databases

 

Product Search: Good idea to find out what is already out there.

What to search:

  • old technologies

  • products not already on the market

  • trade/industry resources: magazines, catalogs, websites, etc. 

  • Shops, books, periodicals, etc.

Also a great idea to talk with others with long experience in the field

 

Patent Searching: this can last from minutes to several hours

When searching patent databases, don't just do keyword searching. Also do: Classification search; Assignee-based search; Inventor-based search

 

Remember:

  • Search different patent databases and non-patent databases

  • Keep a record of everywhere and everything you search

 

Source: European Patent Office. Inventors' Handbook. Novelty and Prior Art. 2008