Patentability vs. Prior Art Search: Key Differences Explained | Infographics | InventionIP

Understanding the differences between a patentability search and a prior art search is crucial for protecting your intellectual property. While both aim to examine existing knowledge, their purposes, timing, and scope vary significantly. A patentability search helps determine if your invention is new and eligible for a patent, typically conducted before filing. In contrast, a prior art search is broader and often used to challenge the validity of existing patents or support legal actions. Learn how each search works, when to use them, and why choosing the right one can impact your IP strategy and success.

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1. PURPOSE
USE CASE
SCOPE & DEPTH
SOURCES USED
TIMING
COST
1
2
3
4
5
6
Patentability Search
Determines if an invention is new and non-obvious enough to be patented.
Focus: Can I get a patent?
Prior Art Search
Uncovers any existing knowledge or disclosures related to a specific
invention.
Focus: What is already known or published?
Patentability Search
Used before filing a patent application to assess likelihood of success.
Ideal for inventors & startups.
Prior Art Search
Often used in litigation, opposition, or invalidation proceedings.
Ideal for competitors, attorneys, or researchers.
Patentability Search
Focused on novelty and non-obviousness.
Usually narrower in scope but highly relevant to the claimed invention.
Prior Art Search
Broader in scope — includes patents, articles, theses, public use, etc.
May cover unrelated or tangential fields to challenge validity.
Patentability Search
Patent databases (USPTO, WIPO, EPO)
Sometimes includes technical literature.
Prior Art Search
Patent databases + non-patent literature (journals, websites, trades etc.)
Deeper dive into global disclosures
Patentability Search
Conducted before filing to guide application strategy.
Prior Art Search
Conducted anytime, especially during opposition, enforcement, or FTO
analysis.
Patentability Search
More affordable — focused and preliminary.
Prior Art Search
More expensive — comprehensive and exhaustive.
KEY DIFFERENCES BETWEEN
AND
Patentability Search
Prior Art Search