09 February 2026
If you’re thinking about patenting an idea, here’s the blunt truth upfront:
only genuinely new ideas can be patented.
That’s why one of the smartest things you can do before spending serious time or money is to check how others have already solved the same problem.
A quick scan of what’s already out there won’t kill a good idea — but it can absolutely save you from backing the wrong one.
Why a patent search is a smart business move (not just a legal one)
Before anyone builds a product, orders tooling, or pitches to investors, they usually do market research. A patent search is the technical version of that same exercise.
Even a short search can tell you:
- whether your idea is already known
- how crowded the space is
- what competitors are protecting
- and whether it’s worth investing further
It’s not about proving your idea is “perfect.”
It’s about making sure you’re not reinventing something that already exists.
Finding similar ideas doesn’t mean you’re stuck
Many founders panic when they find similar patents or products.
That’s a mistake.
Very few successful inventions are completely isolated ideas. What matters is how your solution differs and whether those differences are meaningful.
Two phones can both make calls — but that didn’t stop the smartphone from reshaping the market.
If your idea improves on what’s already known in a practical, non-obvious way, there may still be something worth protecting.
What “prior art” really means (and why it matters)
In patent terms, prior art is anything that was publicly available before you file your patent application.
That includes:
- existing products
- published patents
- academic papers
- conference presentations
- blog posts and videos
- public demonstrations
- websites and social media posts
If your invention is already disclosed in the public domain, it’s no longer considered new — and that can block patent protection.
A critical warning for founders
You can accidentally destroy your own patent rights.
Posting about your invention online, pitching publicly, or selling it before filing can turn your own disclosure into prior art. Once that happens, your options shrink fast.
Some countries offer limited grace periods. Others don’t. Relying on them is risky.
If there’s any chance you’ve already disclosed your idea, get advice immediately.
When should you do a patent or prior art search?
Earlier than most people think.
Ideally:
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before filing a patent application
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before pitching to investors
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before launching or manufacturing
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before entering a new country or market
Waiting until the last minute often leads to rushed decisions, weak protection, or expensive redesigns.
Practical benefits of doing an early patent search
1. Avoid wasting time and money
A search helps you avoid building something that already exists — or that can’t be protected in a useful way.
2. Learn how competitors think
Patent documents show how others in your industry approach the same problems. That insight can sharpen your own design and strategy.
3. Find real innovation gaps
By seeing what’s already protected, you can spot areas where no one has claimed ground yet — often the most commercially valuable spaces.
4. Strengthen your patent application
Understanding existing solutions helps your patent attorney draft stronger claims, including fallback positions if examiners push back.
5. Look credible to investors
Investors expect founders to understand their competitive and IP landscape. A well-thought-out search shows you’ve done your homework.
A pro tip most founders miss
Patents aren’t just legal documents — they’re one of the richest technical research tools available.
A large proportion of technical information never appears in journals or marketing materials. It appears only in patent filings.
Used properly, patent databases can help you:
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refine your product
-
improve your technical approach
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and strengthen your business case
Useful tools to start your own searching
You don’t need specialist software to begin.
Good starting points include:
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Google Patents – broad, easy to use, covers many countries
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IP Australia’s patent search – useful for local filings
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WIPO’s international databases – helpful for global activity
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USPTO databases – essential if the US is a target market
Keep notes as you go. Even rough findings are useful later when working with a patent professional.
Common questions founders ask
Is a patent search the same as a prior art search?
Not exactly. Prior art includes any public information. Patent searches focus specifically on published patent documents. Both matter.
Can I do this myself?
Yes — many founders start on their own using free tools. Professional help becomes valuable once you believe your idea may be protectable.
Is Google enough?
It’s a good start, but it doesn’t cover everything. Combining multiple databases gives a clearer picture.
If I have a patent, can I still be sued?
Yes. A patent gives you rights — it doesn’t guarantee freedom to operate. That’s where FTO analysis comes in.
Make patent searching part of your plan
A patent search isn’t just a box to tick.
It’s a decision-making tool.
Done early, it helps you:
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refine your idea
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focus investment where it makes sense
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and build stronger protection when you’re ready
If you’ve done some initial searching and want to understand what it really means — or what your next step should be — talk to IP Solved.
We help founders turn early ideas into clear, commercially sound IP strategies — without guesswork.
Talk to IP Solved before you invest further.
