How to perform a patentability / prior art search effectively

A patentability search—also called a prior art search—is the first reality check for any inventor. It answers the million-rupee question: “Is my invention really new, or has someone already thought of it?” Done right, it saves you money, time, and heartbreak later in the patent process. Here’s a practical breakdown you could use as a blog post:

Why Do a Prior Art Search?

  • Avoid wasting resources: Filing fees, attorney costs, and years of waiting add up. A search tells you early if your idea is patentable.

  • Strengthen your patent application: Knowing the closest prior art helps you (and your agent) draft claims that stand up in examination.

  • Gain competitive insights: You can spot what competitors are building and where the market is heading.

Step 1: Understand What Counts as Prior Art

Prior art is any public disclosure before your filing date:

  • Granted patents or published patent applications (India or abroad)

  • Research papers, theses, and books

  • Websites, blogs, YouTube videos

  • Public demonstrations, exhibitions, or sales of products

If it’s out there and accessible, it’s prior art.

Step 2: Start with Keywords

  • Break your invention into core concepts.

  • Example: Instead of “smart farming drone,” break it into “drone,” “agriculture,” “crop monitoring,” “multispectral camera.”

  • Use synonyms and variations: “UAV” instead of “drone,” “plant health monitoring” instead of “crop monitoring.”

Step 3: Use Patent Classification Systems

Patent offices use classification codes to group inventions. Searching by code is more precise than keywords alone.

  • IPC (International Patent Classification) – used globally.

  • CPC (Cooperative Patent Classification) – detailed system by USPTO & EPO.

  • Example: “A01B” covers agricultural machinery, “B64C” covers aircraft (including drones).

Step 4: Search Multiple Databases

No single database covers everything. Combine:

  • InPASS (India)ipindiaservices.gov.in

  • WIPO Patentscope – global PCT applications.

  • Espacenet (EPO) – 140+ million documents.

  • Google Patents – easy to use, with AI-powered prior art finder.

  • Non-patent literature – Google Scholar, IEEE Xplore, PubMed, industry blogs.

Step 5: Refine and Review

  • Start broad, then narrow down with filters (date, applicant, classification).

  • Read abstracts first, then full specs if they look relevant.

  • Note down similar inventions, claim language, and filing dates.

Step 6: Analyze the Results

Ask:

  • Does prior art disclose all features of your invention?

  • If not, does it make your idea obvious when combined with other references?

  • How can you frame your claims to emphasize what’s novel?

Step 7: Consider Professional Help

Free searches are good for exploration, but professional prior art searches use paid tools (Derwent, PatSnap, Questel) and advanced strategies. A registered patent agent can give you a clearer opinion on:

  • Patentability

  • Claim scope

  • Filing strategy (provisional vs complete, India vs abroad)

Pro Tips

  • Keep records of your search queries, keywords, and results—it helps your patent agent.

  • Don’t ignore non-patent literature—it’s often the killer prior art.

  • Always search globally—patents filed in the US, EU, or Japan can block your Indian filing.

Takeaway

An effective patentability search is like shining a flashlight into the dark corners of innovation history. It helps you avoid dead ends and chart the best path forward. For startups and inventors in India, it’s the smartest first step before investing in patent filing.