Patentability Search & Analysis

A patentability search — also called a novelty search or prior art search — is an investigation conducted before filing a patent application to determine whether an invention is novel and non-obvious compared to existing publicly available disclosures. It covers both patent literature and non-patent literature across global databases to identify the closest prior art references relevant to the invention. SciTech Patent Art has been conducting patentability searches for independent inventors, academic institutions, and corporations for over two decades across a wide range of technology domains.

A patentability search helps inventors avoid investing time and money in drafting and filing a patent application for an invention that is not new or that closely resembles existing prior art. It also informs how claims should be drafted — neither too broad to be rejected nor too narrow to be commercially useful — and reveals the competitive landscape around the invention. Conducting a patentability search before filing is one of the most cost-effective steps an inventor can take to strengthen their patent strategy from the outset.

Conducting a patentability search before filing helps inventors assess the likelihood of grant, refine claim scope to maximize protection, and avoid prosecution delays caused by prior art the examiner uncovers later. It also surfaces design-around opportunities if blocking prior art is found, and provides a clearer picture of the state-of-the-art in the relevant technology area. SciTech Patent Art’s patentability assessments give inventors and patent attorneys the evidence they need to make informed, confident filing decisions.

A patentability search asks whether your invention is new enough to be patented — it looks backward at what has already been publicly disclosed to assess novelty and inventive step. A freedom-to-operate (FTO) search asks whether you can make, use, or sell your product without infringing someone else’s active patent rights — it focuses specifically on enforceable claims in your target markets. Both are essential IP tools but serve different strategic purposes: patentability protects your right to a patent, while FTO protects your right to operate commercially.

A patentability search tool is any database, platform, or software used to search patent and non-patent literature for prior art relevant to a specific invention. Common patent search tools include Derwent Innovation, Orbit Intelligence, PatSnap, and Google Patents, while non-patent literature tools include PubMed, IEEE Xplore, Scopus, and Web of Science. SciTech Patent Art supplements these with a proprietary Deep Web search tool that accesses unindexed sources conventional platforms cannot reach, ensuring a more comprehensive patentability search result.

A patentability assessment is the analytical step that follows a patentability search — it evaluates the closest prior art references found and provides a technical opinion on whether the invention’s key features are novel and non-obvious in light of that prior art. The assessment helps inventors and patent attorneys understand the realistic scope of protection available and how claims should be drafted or narrowed. SciTech Patent Art delivers patentability assessments in MS Word or MS Excel format, structured for direct use by IP counsel in filing strategy decisions.

A patentability search report documents the search methodology, databases and sources searched, a summary of the closest prior art references found, and the analyst’s technical opinion on the patentability of the invention’s key features. SciTech Patent Art’s reports are delivered in MS Word or MS Excel format and are structured to be directly usable by patent attorneys drafting claims or responding to examiner rejections. Each report includes a clear assessment of novelty and non-obviousness to support confident patent filing decisions.

The fastest way is to share a detailed invention disclosure — covering the core technical features, the problem solved, and how the invention differs from known approaches — with an experienced patent search firm that can immediately begin claim mapping and database searching in parallel. SciTech Patent Art’s structured intake process allows analysts to identify key searchable concepts quickly and deploy multiple search strategies simultaneously across patent and non-patent literature. Turnaround on a focused patentability analysis typically ranges from a few days to two weeks depending on technology complexity.

In science-intensive industries like pharmaceuticals, biotechnology, materials science, and chemistry, patentability assessments require analysts with genuine domain expertise who can interpret technical disclosures accurately and identify prior art in specialized scientific literature — not just patent databases. Non-patent literature, including journal articles, clinical trial data, and conference proceedings, is often where the most relevant prior art lives in these fields. SciTech Patent Art’s team of qualified scientists and engineers brings both technical depth and search expertise to patentability assessments across all major scientific and engineering domains.

Yes, patentability searches help reduce filing risks by identifying existing disclosures before filing a patent application. Early-stage analysis supports better decision-making, improves drafting strategies, and helps organizations evaluate the potential strength of an invention more effectively.

A prior art search broadly identifies existing disclosures related to a technology area, while a patentability search specifically evaluates whether an invention may qualify for patent protection. Patentability analysis focuses more directly on novelty, inventive distinction, and potential filing strength.

Industries such as biotechnology, pharmaceuticals, electronics, materials science, telecommunications, clean technology, automotive, and medical devices commonly rely on patentability searches to support innovation assessment and patent filing activities.

Non-patent literature plays an important role because many technical disclosures appear in scientific publications, research papers, manuals, and industry documents before patent filings occur. Including these sources improves the overall depth and quality of the patentability assessment.

Expert-driven patentability analysis combines technical understanding with structured search methodologies to improve the accuracy and relevance of results. Detailed analysis helps organizations better evaluate invention strength, support filing decisions, and develop stronger intellectual property strategies.