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Patentability Search
Before committing to patent drafting and prosecution, you need to know whether the invention is worth filing, what can be claimed, and what prior-art risks must be addressed. A patentability search (also called a novelty search or prior art search) resolves those questions through systematic examination of the global patent record. Intepat’s patent analysts identify the closest prior art, assess novelty and inventive step, and map the available claim scope; where India is among the target jurisdictions, the opinion screens for subject-matter eligibility issues specific to Indian examination practice. Each report is reviewed and issued by Registered Indian Patent Agents.
Request Search OpinionGlobal Prior-Art Search
Novelty and Inventive-Step Opinion
Claim-Scope Mapping
India Eligibility Screening
Agent-Reviewed Report
What a patentability search tells you
The purpose of a patentability search is not to list similar patents. It is to determine whether a defensible claim position remains available and, if so, what that position looks like. The opinion answers four business questions:
Can the invention be claimed in a form that survives examination?
The search identifies the closest prior art and assesses whether claim space exists to cover the inventive contribution without reading on existing disclosures.
How broad can the claims reasonably be?
Dense prior art constrains claim scope; a sparse field opens room to claim more broadly. The search maps available claim space so the drafter works within a known landscape rather than a guessed one.
Are there subject-matter eligibility risks to address before drafting?
Where India is among the target jurisdictions, Indian patent examination practice excludes certain categories that may be protectable elsewhere: software and AI inventions, pharmaceutical derivatives, and diagnostic or treatment methods. Identifying these risks before drafting is more efficient than addressing them at examination.
Should the applicant file, modify the disclosure, or defer?
The opinion concludes with a practical recommendation: proceed with filing, narrow the scope to the distinguishing features, restructure the disclosure, defer pending further development, or commission a freedom-to-operate analysis instead.
When to commission a patentability search
A patentability search returns the most value when its results can still shape the application:
Before drafting the patent specification.
A search completed before drafting allows claims and specification to be built around the prior-art landscape that actually exists.
Before significant development expenditure.
The search provides an evidence-based patentability opinion before resources are committed to a concept of uncertain filing viability.
Before public disclosure, investor pitch, or product launch.
Once an invention is publicly disclosed, the filing window is constrained in most jurisdictions.
Before PCT filing or national phase entry.
Where an applicant is considering PCT filing, direct national filing, or national phase entry in additional countries, the search assesses whether the expenditure is justified and how claims should be positioned for different examination standards.
After encountering a potentially anticipating document.
Where a client has identified a prior publication that appears to overlap with their invention, a search determines whether and where a patentable distinction remains.
Methodology
The search follows a structured five-step process, documented in the report.
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Step 1: Disclosure review and inventive concept extraction.
The patent analyst reviews the disclosure and extracts the inventive concept in claim-term language before any database is queried. Multiple inventive concepts are each given a separate search thread.
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Step 2: Search strategy and classification mapping.
A strategy is built using IPC, CPC, and equivalent classification systems. Classification-led searches reduce false negatives caused by terminological variation across offices and technology domains.
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Step 3: Global database search.
The search covers the Indian Patent Office, WIPO PCT publications, Espacenet, the USPTO full-text collection, and the JPO, KIPO, and CNIPA collections where technology-area relevance warrants. Commercial platforms including Orbit Intelligence, Derwent Innovation, and PatSnap supplement the free-access collections. For pharmaceutical, biotechnology, and chemical inventions, non-patent literature is searched as standard.
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Step 4: Relevance ranking and prior-art analysis.
Retrieved documents are reviewed, ranked by relevance, and mapped against the key elements of the invention. The report separates novelty risk from inventive-step risk: a single reference that does not anticipate the invention may still be combined with others to support an obviousness objection.
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Step 5: Written patentability opinion.
The analysis is compiled into a structured report covering search scope, ranked prior-art references, element-level mapping, and a written patentability analysis. For India-bound applications, the opinion additionally screens for subject-matter categories excluded under Indian prosecution practice. The report concludes with a practical filing recommendation.
What you receive
The deliverable is a structured written report prepared by Intepat’s patent analysts and reviewed by Registered Indian Patent Agents, not an automated output.
Search scope statement. Databases and literature sources covered, search date, classification codes, keyword strings, and priority-date cutoff.
Prior-art reference list. All documents retrieved and considered, ranked by relevance, each carrying publication number, title, filing date, and a relevance assessment.
Element-level mapping. A tabular mapping of primary cited references against the claim elements, assessing where novelty survives and where inventive step requires argument.
Written opinion. A prior-art analysis identifying available claim scope, anticipation or obviousness risk, and (for India-bound applications) subject-matter eligibility observations.
Drafting and filing recommendation. An assessment of which features should carry independent claim weight, which should be dependent claim fallbacks, and whether multiple inventive concepts merit separate claim strategies.
Methodology limits
A patentability search is a decision-support instrument. The search covers published prior art only; applications within their 18-month confidentiality period cannot be retrieved.
Patent offices conduct their own searches during examination and may identify prior art not retrieved in the search, raise objections on claim clarity, and require amendments. The opinion informs the filing decision but does not bind the examining authority or guarantee grant.
The search does not determine whether a product or process can be exploited commercially without infringing valid third-party patents. That is a separate question requiring a Freedom to Operate Search. Borderline subject-matter eligibility issues requiring extended argument are scoped within the drafting engagement, not the search.
Who this is for
Inventors and startups deciding whether to file before committing to prosecution and development costs.
R&D-led enterprises reviewing a new disclosure before instructing drafting counsel.
In-house patent counsel assessing whether to convert a provisional filing, extend to additional jurisdictions, or allow an application to lapse.
Foreign IP firms and in-house teams requiring a global prior-art search on an invention, with optional India-specific eligibility screening.
Companies and investors conducting pre-filing or acquisition IP diligence.
If the question is whether a product can be launched without infringing a third party’s patent, a Freedom to Operate Search is the correct starting point.
Discuss Your DisclosureHow Intepat delivers
Searches are conducted by patent analysts with technical backgrounds across software and electronics, mechanical and manufacturing systems, chemical and pharmaceutical, and biotechnology. Each report is reviewed and the patentability opinion is issued by Registered Indian Patent Agents who regularly handle Indian patent prosecution, examination responses, and claim amendments.
Standard reports are delivered within 7 to 10 working days from receipt of a complete disclosure. Intepat requires a brief technical disclosure, any known prior art, the target jurisdiction, and drawings where available; no prototype is needed. All disclosures are treated as confidential from receipt; conflict checks are run before any engagement is opened.
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Patentability Search FAQs
What does a patentability search cover?
Published patents, patent applications, and relevant non-patent literature across global patent offices and databases. The search assesses novelty and inventive step by mapping retrieved prior art against the inventive concept. Where India is a target jurisdiction, the opinion also screens for subject-matter eligibility categories specific to Indian examination practice. Unlike a simple keyword search, it applies claim-level analysis to determine whether a defensible claim position remains available.
When should I commission a patentability search?
The highest-value point is before drafting begins, when the search outcome can directly shape claim architecture. It is also valuable before significant development expenditure, before a public disclosure or investor pitch that could constrain the filing window, and before extending protection through PCT or direct national filing. Commissioning a search after a complete specification reduces the scope for results to inform the claims.
Does the search cover international filings?
The core patentability criteria (novelty and inventive step) are substantially harmonised across major patent systems including the PCT, EPO, USPTO, and JPO. A patentability search draws on the same global prior-art record regardless of the intended filing jurisdiction, so a single search informs multi-jurisdictional filing decisions. What differs by jurisdiction is the applicable examination standard and, in India specifically, categories of subject matter Indian practice excludes but other systems may permit.
What does the report look like?
A stated search scope (databases, search date, classification codes, keyword strings), a ranked list of retrieved prior-art references with relevance assessments, element-level mapping for primary cited documents, a written opinion on the patentability position, and a practical filing recommendation. Report depth varies with the complexity of the prior-art field. Reports are prepared by patent analysts as structured written documents and reviewed by Registered Indian Patent Agents, not automated summaries.
Does a clean patentability search guarantee grant?
No. A clean opinion means no anticipating prior art was identified in the databases searched as of the search date. It does not bind the examining patent office or predict examination outcomes. The examining authority conducts its own search and may identify prior art not retrieved in the commissioned search, raise subject-matter eligibility objections, or require claim amendments on formal grounds.
What is the difference between a patentability search and a freedom-to-operate search?
A patentability search asks whether a new invention can be protected: it examines the global prior-art record to assess novelty and inventive step. A Freedom to Operate Search asks whether a product or process can be commercialised without infringing third-party patents: it examines granted patents in force in the target jurisdiction and analyses their claims against the proposed product. The two serve distinct purposes and are commissioned at different stages of the product lifecycle.
Outline Your Patentability Search Brief
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