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Only new things can be patented. So, doing some homework to see how others have solved the same problem that your idea solves is always a good start. The best approach to take is to spend time on Google Patents and Google itself. Such initial searches are the best risk-mitigating steps to take before deciding if an idea is worth pursuing.

Even a short patent search can show you how your invention fits into the existing landscape and clarifies whether to invest further time or money before filing. No one brings a new product to life before getting a feel for what is already out there, so a patent search not only makes commercial sense, but also helps with patenting an idea.

Don’t be discouraged if you find similar concepts – as long as it’s not identical in each and every aspect to what your idea involves, there is often something worthwhile of protection, especially if the differences are meaningful.

Both a Nokia 3310 and an iPhone can make phone calls, but one of these has somewhat of a larger market share, after all.

Learn more about what we can learn from Patent Searches and our Patent Search Tips.

What is “prior art” and why does it matter?

Prior art means any information and detail that was publicly available before you file your patent application. This means any information that was ‘out in the wild’ before you apply for patent protection is ‘prior art’ and can include existing products, published patents, journal articles, conference papers, online posts, and even product demonstrations. If your invention is already disclosed in the prior art, it means it’s not new, and you cannot get a patent for it.

Most importantly! Make sure that you don’t inadvertently make your own idea prior art by disclosing it, such as on social media, on a website, or selling a version thereof, before you file your patent application!

When should you do a prior art search?

Do a patent search early in the process:

  • Before you file a patent application.
  • Before you pitch to investors or publicly disclose your idea.
  • Before launching a product in a new country (clearance search).
Trademark Attorneys holds an ipad while discussing trademark law and international property with a client

Start simple. Begin with free databases like Google Patents, then move to IP Australia’s search for local filings. Keep notes of what you find; this record can help your patent attorney prepare your patent application later.

If you have already disclosed your invention, get advice immediately. Some countries offer a grace period, but rules vary and relying on them is risky.

Learn more about how to protect your invention with a patent in Australia.

Key benefits of an initial prior art search for startups and inventors.

Avoid re-inventing the wheel

A patent search helps you identify what’s already been invented so you don’t waste time or money developing an idea that already exists. It also helps refine your concept by highlighting how your concept can be different or better.

Spot competitors and learn from existing solutions

Patent databases reveal how others in your field have approached similar challenges. This insight can inspire design improvements or help you develop a stronger, more defensible position in your market.

Find gaps where your idea can fit

Analysing existing patents shows you where there’s still room for innovation. These “white spaces” often represent the most commercially promising opportunities.

Improve your patent specification

Knowing the prior art allows you to include fallback claim positions. Alternative ways to describe your invention will help your patent application stand up to patent examination.

Show investors your due diligence

Investors and partners want to see that you’ve done your homework. A patent search demonstrates that your innovation has a real chance of success and that you understand your competitive landscape.

➡️ Pro tip: Use patents as a research tool

Patents are one of the richest public sources of technical knowledge. More than 80% of technical information appears only in patent documents. Use them strategically to refine your idea and strengthen your business plan.

Useful patent search tools and resources

  • World Intellectual Property Organization (WIPO) – PCT search tools: https://www.wipo.int/portal/en/
    • Great for checking international patent applications

Frequently asked questions about patent searches

  1. What’s the difference between a patent search and a prior art search?

    A prior art search looks for any existing information (not just patents) similar to your idea. A patent search focuses on published patent documents. Both help you assess if your invention is new.

  2. Can I do my own patent search?

    Yes. Many inventors start with free tools like Google Patents or IP Australia’s search. You can do much of the initial research yourself before deciding whether to get professional help

  3. Is a Google search enough to find existing patents?

    It’s a good start, but Google doesn’t index everything. Combine Google Patents with official databases like IP Australia and WIPO for a more complete picture.

  4. When should I talk to a patent attorney?

    After you’ve done your preliminary search and believe your idea is unique. An attorney can help you prepare a strong patent application and a strategy for protection.

  5. What if I find something similar to my idea?

    Don’t give up. If your invention includes new features or improvements that are meaningful, it may still be patentable.

  6. Does having a patent stop others from suing me?

    IP lawyer advising about patent infringement - helping the client with the question: "Can I be sued if I have a patent?"

    No. Owning a patent gives you rights over your invention, but it doesn’t prevent others from claiming you’ve infringed theirs. If you’re unsure, a freedom-to-operate search can help assess the risk. See our article on Can I be sued if I have a patent?

Final note – make the search part of your plan

A patent search is more than a box to tick. It’s a smart first step in your innovation journey. Understanding what’s already out there helps you refine your idea, focus your investment, and build stronger protection when you’re ready to file.

Take the time to review existing patents so that you can make informed, confident decisions.

If you’ve done your initial searching and want to understand the best next step, get in touch to discuss your options for protecting your invention.

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