Search Before You Patent: The 7 Steps You Should Never Skip

Conducting a patent search is much more than typing a few keywords into Google Patents or any patent search database. A strong search is a key strategy, and as inventors or business owners, understanding that strategy can dramatically influence how you draft your claims, evaluate novelty, or even decide whether to file a patent at all.

Here is a practical 7-step approach that mirrors how patent professionals perform an effective search.

1. Define the Invention with Precision

 Before starting your search, get a clear idea about the novel elements of your invention. Break it down into its technical components, functions, and unique improvements. For example, if you’re developing an AI-enabled image-compression algorithm, identify what exactly is new—model architecture, encoding scheme, or compression pipeline? This clarity prevents vague searching and chances for missing prior art.

2. Identify Relevant Keywords, Synonyms & Classifications

Patent terminology rarely matches the language used by inventors. For instance, the term “drone” is used by inventors but this term may not exactly appear in patents. It can appear as unmanned aerial vehicle, UAV, autonomous flight apparatus, unmanned aircraft apparatus and quadcopter. So it is important to get alternative terms / technically equivalent terms for keywords used in the invention.

Similarly, explore patent classifications such as Cooperative Patent Classification (CPC), International Patent Classification (IPC) and United States Patent Classification (USPC) which are relevant to the concept of your invention. This serves as goldmine for your search and also helps to narrow down precise technological categories.

3. Conduct a Broad Keyword Search

Begin with broa keywords and use free patent databases like Google Patents, Free Patents Online, WIPO, Espacenet and USPTO. Once you understand the patent landscape, you can refine your search by narrowing keywords, adjusting filters, and exploring related documents. Try multiple combinations for framing search strategies like technical function, structure, and intended use.

4. Use Classification-Based Searching

Once you identify useful classes, pivot your search to class-based searching, which is far more reliable for exhaustive results. Class based searching can give results that are closer to your concept.

5. Analyze Citations & References

Every strong prior art document leads you to more documents which are called citation references. So, always check for citations. There are two types of citations:

• Backward citations (references cited by the prior art document)
• Forward citations (later patents citing the prior art document)

Doing a quick analysis on citations can yield you references similar to the concept of your invention.

6. Expand to Non-Patent Literature (NPL)

Patent search is incomplete without searching NPLs. Especially, in fast-moving fields like software, AI, or biotech, prior art often appears in conference papers, GitHub repositories, product manuals, or IEEE publications. A good example is the USPTO’s rejection of early blockchain-based authentication inventions because similar ideas had been described in obscure cryptography forums and academic preprints.

7. Evaluate Results for Novelty & Obviousness

Finally, compare your invention to the closest references. Ask:

• Does any single document anticipate all elements?
• Would a skilled person combine two references to reach the invention?

This step mirrors the USPTO’s 103 obviousness analysis, where combinations of references—rather than single document—can defeat patentability.

To summarize, patent search isn’t merely a preliminary formality—it’s your first defensive and strategic tool. By following this 7-step approach, you not only uncover the prior art landscape but also gain clarity on how to draft stronger claims, avoid costly prosecution battles, and determine whether your invention truly stands apart. A well-executed search often saves months of effort and lot of money—and, more importantly, sets your innovation on the right track.

“Look before you leap, Search before you patent”