Glossary

Patentability / novelty search

A patentability search – also known as a novelty search – is a detailed investigation conducted to determine whether an invention is new and inventive before filing a patent application. It identifies existing prior art such as patents, scientific literature, or public disclosures that may affect the invention’s eligibility for patent protection.

Description

Before committing time and resources to drafting and filing a patent, inventors and organizations must confirm that their innovation meets the core legal requirements of novelty, inventive step, and industrial applicability. A patentability (or novelty) search is the first step in that process.

Patent examiners worldwide rely on prior art searches to decide whether an application is grantable. By performing a search in advance, applicants can assess whether their invention is likely to be patentable – and, if necessary, refine the claims or technical focus before submission. Patentability searches extend beyond keyword matching. They involve interpreting technical terminology, analyzing patent classifications, and reviewing related non-patent literature. For global organizations, multilingual searching is essential, as relevant prior art often exists in languages other than English.

Example use cases

  • Pre-filing evaluation: Assess whether an invention qualifies for patent protection.
  • Claim optimization: Refine the scope and wording of patent claims before filing.
  • R&D planning: Avoid duplication of existing work and redirect innovation investment.
  • Investor readiness: Provide evidence of novelty and competitive advantage.
  • Strategic positioning: Identify opportunities for improvement or new patent filings.

Key benefits

Reduced filing risk
Avoid applications likely to be rejected for lack of novelty.
Cost efficiency
Save time and resources by refining inventions early in the process.
Competitive insight
Understand the innovation landscape and key players.
Improved patent quality
Strengthen claims with a solid understanding of prior art.
Improved patent quality
Access multilingual, cross-jurisdictional databases for full coverage.

RWS perspective

At RWS, we deliver patentability and novelty searches that combine cutting-edge technology with the precision of human expertise. Our IP researchers and analysts evaluate each invention against global patent and literature databases, uncovering relevant prior art and providing actionable insights.

Using a Human + Technology approach, RWS analysts integrate AI-powered semantic search, patent classification tools, and multilingual review to ensure every relevant document is identified and analyzed. This comprehensive methodology helps clients file stronger applications, reduce examination delays, and accelerate innovation pipelines – with confidence that their invention stands on solid legal and technical ground.