Two common types for a patent search in intellectual property practice are the patentability search (novelty search) and the landscape search (patent landscape). Some of our clients confuse these labels, but once explained, they know what they need.
Searches
All searches include a review of references, compilation of the representative or most important references, and advice to the client. Note, we avoid the “prior art” for any reference until an examiner or a court labels the reference or product as such.
The most important references to search are the patent records, as these are what patent examiners rely on when examining your patent application. Examples of patent records are:
- Pre-grant patent application publications
- Granted patents
- Related IP rights
- Registered industrial design rights
- Design patents
- Utility models
Patentability Search
This search is also known as a novelty search.
Purpose
A patentability search is a focused search conducted before drafting to determine whether an invention is new and potentially patentable.
Scope and Method
The amount of information considered and the methodology help distinguish this search. A patentability search is:
- Narrow, targeted search aimed at finding the closest references.
- Uses precise keyword queries, classification codes (CPC/IPC), semantic analysis, and citation tracing.
- May include non-patent literature (e.g., articles, standards, conference papers) or products where relevant.
- Rarely time-limited and may be limited in geography (e.g., US only, English references only).
Typical output
- Short report listing the closest references with brief document-feature mapping notes.
- Patentability analysis indicating likely novelty and obviousness issues.
- Recommendations for claim scope adjustments, further searches, or filing strategy.
When to Use a Patentability Search
- Before drafting or filing a patent application, to avoid wasted prosecution costs.
- To refine claim language and identify immediate prosecution risks.
- Rarely, to understand claim strength and identify litigation risks.
When NOT to Use a Patentability Search
You don’t use a patentability search if you have great records of the products or literature in your field. Especially so, if there are few patent references in the field. You can use your non-patent references for a patentability analysis.
You don’t do a patentability search if your invention is ineligible subject matter. Not everything is patentable as a matter of law.
Landscape Search
A patent landscape report or technology landscaping search is a different search.
Purpose
A landscape search is a broad, strategic analysis that maps patents and related literature across a technology area or market to reveal trends, players, white spaces, and commercialization signals. A patent landscape search, or a patent landscape report, can be part of an IP plan or IP strategy.
Scope and Methodology
- Large-scale searches across patent families and non-patent literature.
- Data aggregation, clustering, and visualization (e.g., timelines, assignee maps, heatmaps).
- Uses broader queries, patent analytics tools, and often custom classification or clustering.
- Can be limited in time (e.g., last 20 years) or geography (e.g., US only).
Typical output
- Dashboards or long reports summarizing trends, top assignees, key patents, and opportunity/gap analysis.
- Visualizations: activity timelines, geographic distributions, technology clusters.
- Strategic recommendations for R&D roadmaps, licensing, M&A, or partnership targets.
When to use
Most clients want to know who owns what and where. However, there are other general times to use a landscape search, including:
- Strategic planning, competitive intelligence, and technology scouting.
- M&A diligence, portfolio management, and long-term R&D prioritization.
When NOT to use
Some fields are hard to create landscapes for. There are a few cases we generally avoid landscape searches for:
- When the client practices in two different areas of technology
- When the area is new, and many patent documents are unclassified
Also, some clients get the general advice from funders or investors to buy a patent landscape, but the client doesn’t know why. We tell clients that it is important to know why you want a patent landscape report before spending money on one.
Comparison of patent search types
The differences are clear from the examples and summary.
Practical Examples
- Patentability: An engineer wants to know if a new sensor design is worth patenting – run a focused patentability search and map documents to features.
- Landscape: A VP of R&D wants to see who is active in solid-state batteries over the last 10 years – run a landscape to identify top assignees and gaps; or look for partnerships.
Key differences
- Scope: Patentability searches are narrow; landscape searches are broad.
- Purpose: Patentability searches support filing decisions; landscape searches provide strategic insight.
- Methods: Patentability searches use keyword, machine learning, stemming, and CPC/IPC queries; landscape searches use these plus aggregation and visualization techniques.
- Output: Patentability searches yield the closest references and an opinion; landscape searches include trend maps, competitor portfolios, and opportunity analyses.
- Time and cost: A patentability search is faster and less expensive; landscape searches require more time, tooling, and budget.
Complementary use
Teams often run a patentability search early to validate novelty and a landscape later to shape strategy at scale. State-of-the-art or focused technical deep dives sit between these two approaches when more technical depth is required for R&D decisions.
Conclusion
Patentability searches and landscape searches serve distinct but complementary roles: one informs immediate decisions on claim drafting and filing; the other informs broader strategic planning and competitive positioning. Selecting the right search type depends on the specific legal or business question to be answered.
We are happy to provide advice on your IP search strategy or any invention you would like to protect. Please contact us.
