What is the purpose of a patent search?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

The primary purpose of a patent search is to determine the state of the prior art in a particular field of technology. According to MPEP 904.02, “The purpose of a search is to discover the most relevant prior art.” This involves:

• Identifying existing patents and published applications that may affect the patentability of a new invention
• Assessing the novelty and non-obviousness of the claimed invention
• Helping patent examiners make informed decisions about granting patents
• Assisting inventors in refining their claims and avoiding potential infringement

A thorough search helps ensure the integrity of the patent system by preventing the issuance of patents for inventions that are not truly novel or non-obvious.