What is a prior art search?

A prior art search is a process used to identify existing patents, scientific papers, and other sources of information related to an invention. It is performed before applying for a patent in order to determine if the invention has already been claimed by another inventor. A prior art search looks for any publicly available material that describes the same or similar technology as the invention. This includes printed publications, patents, and even some electronic sources such as trade publications. In Utah, the United States Patent and Trademark Office (USPTO) provides guidance to inventors on how to conduct a prior art search. The USPTO recommends using keyword searches and class/subclass searches to locate prior art in the USPTO database. The USPTO also recommends using other databases such as Google search and patent and non-patent literature search engines. The aim of a prior art search is to determine whether an invention is truly novel and non-obvious. If a prior art search reveals that the invention has already been patented or described in a publication, then the patent examiner may reject the patent application. Performing a prior art search is essential for inventors, as it helps ensure that their invention is unique and can potentially be patented.

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