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It’s impossible to establish with 100% certainty whether an idea is completely new.
However, an early patent search can provide a good indication of whether or not similar inventions already exist. By keeping your idea confidential and reviewing existing patents, you can decide whether it’s worth moving forward before filing a patent application.
Why novelty matters when patenting an invention
Most countries apply an absolute novelty requirement.
This means your invention must not have been:
- Patented previously
- Publicly disclosed
- Manufactured or sold
- Exhibited or used publicly
before you file a patent application.
Australia and the United States are often described as exceptions, but in practice, the rules are still strict. In the US, the America Invents Act introduced a first-to-file system – meaning the first person to file a patent application is entitled to the rights thereto.
From a practical perspective, two key points matter:
- You should keep your invention confidential until you’ve protected it (usually with a provisional patent application).
- Someone else must not have already disclosed or patented the same idea, anywhere in the world.
If either of these conditions isn’t met, patent protection may be lost.
For more information, see our article: What do Novelty, Inventiveness and Utility mean?
Can you ever know if your idea is completely new?
The short answer is no.
Even professional patent searches cannot guarantee absolute novelty. Patent documents are published constantly, in multiple languages, across many jurisdictions. Some disclosures aren’t even patents – they may appear in academic papers, products, or obscure technical publications. In effect, any information that’s made public anywhere in the world constitutes prior art.
So while the internet has greatly expanded the availability and searchability of prior art information, the concept of prior art is somewhat abstract in nature, meaning the state of the prior art cannot be established with 100% certainty.
That said, a well-considered prior art search is still incredibly valuable and provides the best indication if an idea is worth pursuing or not.
It can:
- Show how crowded your field of invention is
- Reveal similar ideas or alternative approaches
- Help you decide whether to proceed, pivot, or stop
If a search uncovers something that clearly anticipates your idea, you can move on – often with relief – and focus your energy elsewhere. If it doesn’t, you may be ready for the next step.
Not sure if your idea is new?
If you’re early in the process, the most valuable next step is understanding whether similar inventions already exist.
A short, confidential discussion can help you decide whether it makes sense to proceed
Why early-stage inventors should do a patent search early
At the early stage – before engaging a lawyer or filing anything – most inventors want clarity, not certainty.
A preliminary patent search helps you:
- Avoid investing in an idea that’s already been done
- Understand how similar inventions are framed
- Prepare for a more informed discussion with a patent attorney
- Decide whether a provisional patent application makes sense
If you later discover your invention isn’t novel, you can simply allow a provisional application to lapse or abandon it without further cost. This is a normal – if sometimes frustrating – part of the patenting process.
For more information, read our two articles that will help you with how to search existing patents effectively and how to interpret patent search results.
Free patent databases you can use to check if your idea is new
There are professional databases that provide excellent global coverage, but they are expensive and typically used by patent professionals. Early-stage inventors often start with free, publicly accessible databases.
Used together, the resources below provide access to tens of millions of patent documents worldwide.
Google Patents
Google Patents includes over 120 million patent publications from 100+ patent offices around the world, as well as many more technical documents and books indexed in Google Scholar and Google Books, and documents from the Prior Art Archive.
Why it’s useful:
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- Simple, intuitive search interface
- Powerful Google search algorithms surface relevant results first
- Excellent visual access to patent drawings
- Helpful for quickly understanding how dense a field is
For many inventors, drawings alone can quickly reveal whether something similar already exists.
United States Patent and Trademark Office (USPTO)
The United States Patent and Trademark Office database covers patents filed in the United States by both domestic and foreign applicants.
What to know:
-
- US-only coverage
- More technical search interface
- Useful for deeper, jurisdiction-specific checks
➡️ United States Patent and Trademark Office (USPTO)
European Patent Office (Espacenet)
The European Patent Office provides access to Espacenet, which includes patents and applications from Europe and many other countries.
Pros and cons:
-
- Broad international coverage
- Powerful, but less intuitive than Google Patents
- Can take time to learn
➡️ European Patent Office (Espacenet)
WIPO PatentScope
The World Intellectual Property Organization hosts PatentScope, offering access to over 70 million patent documents worldwide.
Things to be aware of:
-
- Extremely broad coverage
- Interface can feel intimidating for first-time users
- Best used once you’re more familiar with patent documents
IP Australia (for Australian patents and designs)
For Australian-specific checks, IP Australia is essential.
This is where you’ll find:
-
- Australian patent applications and granted patents
- Design registrations
- Trade marks
➡️ IP Australia (for Australian patents and designs)
How to approach a patent search effectively
Searching isn’t just about typing in your product name.
Try:
- Multiple keywords and synonyms
- Functional descriptions rather than marketing language
- Searching problems your invention solves
- Reviewing classifications used in similar patents
💡 Remember: inventors often describe the same idea in very different ways.
We have an in-depth article that covers how to do a patent search.
An example: discovering similar inventions early
Imagine you’ve designed a new kitchen tool that improves grip for people with arthritis.
A quick search on Google Patents using terms like:
- “Ergonomic kitchen handle”
- “Arthritis grip utensil”
- “Assistive kitchen device”
might reveal:
- Existing patented handles
- Similar devices with slightly different mechanics
- Opportunities to refine or differentiate your idea
Even if your exact design doesn’t appear, the search helps clarify where your invention sits.
Thinking about filing after your search?
Search results often raise as many questions as they answer.
Before filing a provisional or complete patent application, it’s worth understanding how close prior art really is – and what that means for novelty, scope, and long-term protection.
What to do if you find something similar
Finding similar patents doesn’t automatically mean your idea is dead.
It may mean:
- Your idea needs refinement
- There’s room for improvement or a new feature
- Protection might be narrower than expected
This is often where professional advice becomes valuable – especially before filing anything.
Frequently asked questions about patent novelty and searches
-
Is my idea protected if I’ve already talked about it publicly?
Usually not. Public disclosure can destroy novelty. Speaking publicly, selling, or publishing details before filing a patent application can make patent protection impossible in many countries.
Read more about how to protect your invention before public disclosure. -
Can I patent an idea if I’ve seen something similar to it online?
Possibly, but only if your invention is new and inventive over what already exists. Similarity alone doesn’t rule out patent protection, but the differences must be meaningful and legally relevant.
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Do I need a lawyer to do a patent search?
No. You can start with free patent databases yourself. However, professional searches are more thorough and assess results from a legal perspective.
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What if I’m unsure after searching?
That’s very common. A short, targeted professional search or consultation can clarify whether it’s worth proceeding before filing anything
Deciding whether to move forward
We provide a relaxed, practical approach to early-stage patent questions. Even a short patent search can show how your invention fits into the existing landscape – and help you decide whether it’s worth investing further time or money before filing.
Not sure whether it’s worth taking the next step?
A short, confidential discussion can help you understand what your search results really mean, what risks to be aware of, and whether filing a patent application makes sense at this stage.
