How to Do a Patent Search Before Filing (2026 Guide)

You’ve got an idea. Maybe it’s a new product, a better mousetrap, or a clever piece of software. Before you spend thousands on patent attorneys, you need to answer one question:

Has someone already patented this?

A patent search — also called a prior art search — is how you find out. This guide shows you exactly how to do it yourself, when to use AI tools, and when you actually need an attorney.

Why You Should Search Before Filing

Filing a patent costs money. A lot of it:

Provisional patent (attorney): $3,000-$5,500
Non-provisional patent (attorney): $10,000-$20,000+
USPTO fees alone: $1,000-$3,000

If your idea already exists in the patent database, that money is wasted. Worse, you might build an entire business around an idea you can’t legally protect.

A proper patent search costs $100-$300 with AI tools (or free with manual searching). That’s cheap insurance.

What You’re Looking For

“Prior art” is anything that already exists that’s similar to your invention:

Existing patents (granted)
Published patent applications (pending)
Academic papers
Products on the market
YouTube videos showing the concept
Old expired patents

If prior art exists, it doesn’t automatically kill your idea — but it tells you:

What’s already claimed
How to differentiate your invention
Whether it’s worth pursuing

Step 1: Define Your Invention Clearly

Before searching, write down:

What does your invention do? (Function) “It automatically sorts recycling using computer vision.”

How does it work? (Mechanism) “A camera photographs items on a conveyor belt, AI classifies them, and pneumatic arms sort them into bins.”

What problem does it solve? “Recycling facilities currently rely on manual sorting, which is slow and inaccurate.”

What’s new about it? “The combination of real-time classification with adaptive learning from misclassified items.”

This description becomes your search foundation.

Step 2: Identify Key Concepts and Keywords

Break your invention into searchable components:

Primary concepts:

Recycling sorting
Computer vision classification
Automated material handling

Technical terms:

Conveyor belt sorting system
Machine learning waste classification
Pneumatic actuator sorting

Alternative terms:

Waste separation
Material recovery
Object recognition sorting

Related technologies:

Image recognition
Robotic sorting
Sensor-based sorting

You’ll search multiple combinations of these terms.

Step 3: Start with Google Patents (Free)

Google Patents (patents.google.com) is the easiest starting point.

Basic search:

recycling sorting computer vision

Advanced search tips:

Use quotes for exact phrases:

"automated recycling" "computer vision"

Use CPC codes for precision:

Find a relevant patent, look at its CPC classification
Search within that classification for more like it

Filter by date:

Your invention must be new compared to what existed before your filing date

Limitations of Google Patents:

Keyword-based (misses conceptually similar patents with different wording)
Requires you to know the right terms
Time-consuming to review results

Step 4: Search USPTO Database

The United States Patent and Trademark Office has several free search tools:

PatFT (Granted patents): patft.uspto.gov AppFT (Published applications): appft.uspto.gov

These are clunkier than Google Patents but more comprehensive for US patents.

Search operators:

TTL/recycling AND ABST/computer vision

(Title contains “recycling” AND Abstract contains “computer vision”)

Step 5: Check International Patents

Your idea might be patented elsewhere. Key databases:

Espacenet (European): worldwide.espacenet.com
WIPO PATENTSCOPE: patentscope.wipo.int
CNIPA (Chinese patents): Often in Chinese, use translation tools

If you’re planning to sell internationally, international prior art matters.

Step 6: Search Non-Patent Literature

Patents aren’t the only prior art. Also search:

Google Scholar: Academic papers describing your concept
IEEE Xplore: Engineering and technical papers
YouTube: Demonstration videos can be prior art
Wayback Machine: Historical product pages

Step 7: Use AI Patent Search Tools

Here’s where modern tools shine. AI search understands concepts, not just keywords.

How AI search differs:

You describe your invention in plain English
AI finds patents with similar concepts, even if the words differ
Much faster than manual keyword iteration

When to use AI search:

After initial free search, to catch what you missed
When your invention crosses multiple technical areas
When you want a professional-looking report

Cost: $100-$500 depending on the tool and depth

How to Read Patent Results

When you find a potentially relevant patent:

1. Read the Abstract Quick summary — does it sound similar?

2. Check the Claims Claims define what’s actually protected. The rest is just description.

Independent claims: The broad protection
Dependent claims: Narrower variations

3. Look at the Drawings Often clearer than the text. Does this look like your invention?

4. Check the Status

Is it still active (enforceable)?
Has it expired?
Was it abandoned?

5. Note the Priority Date When was this filed? You need to be after this date to potentially infringe, and before it to potentially invalidate.

What If You Find Similar Patents?

Scenario 1: Exact match exists Your specific idea is already claimed. Options:

License the patent
Design around it (different implementation)
Challenge the patent (expensive)
Move on to a different idea

Scenario 2: Similar but different Related patents exist, but yours has meaningful differences. Good news:

Document how you’re different
Your patent attorney can help draft claims that avoid existing patents
Proceed cautiously

Scenario 3: Nothing close Either your idea is truly novel, or you searched wrong. Consider having a professional verify before celebrating.

When to Hire a Patent Attorney

Do it yourself when:

You’re early-stage, just validating an idea
Budget is tight
You have technical skills to read patents

Hire a professional when:

You found close prior art and need to understand claim scope
You’re ready to file
Significant money is on the line
Your invention is in a complex technical area

Professional searches cost $800-$2,500 but come with legal analysis.

Next Steps After Searching

If your search looks clear:

Document your search (screenshots, dates, queries used)
Draft a clear invention description
Consider a provisional patent application (12 months of protection while you validate)

If you found concerning prior art:

Consult with a patent attorney
Consider design-around options
Evaluate whether the business is viable without this specific IP

Common Patent Search Mistakes

1. Stopping too early First page of Google Patents isn’t enough. Dig deeper.

2. Using only your terminology Different inventors use different words. Search synonyms.

3. Ignoring published applications Ungranted applications can still block you.

4. Not checking international databases Especially Chinese patents for hardware inventions.

5. Skipping non-patent literature Academic papers count as prior art.

6. Confusing “no results” with “nothing exists” Bad search ≠ clear field.

Summary

A patent search before filing saves money and heartache. Start with free tools (Google Patents, USPTO), expand to international databases, consider AI search for thoroughness, and hire an attorney when you’re ready to file.

The goal isn’t to find nothing — it’s to understand the landscape so you can position your invention for the strongest possible protection.

Ready to search? Try our AI patent search tool →