What is a prior art search?

An invention is eligible to receive a patent only if 

  1. It covers patentable subject matter

  2. It is novel

  3. It is not an obvious combination of pre-existing inventions

A prior art search reveals whether (or which portions of) the invention is truly novel and truly non-obvious, in light of all published literature (including patents, technical papers, products, manuals, even university theses). 

For new inventions, prior art search helps you determine how likely is it that your invention (or portions thereof) will receive a patent.

For existing patents, prior art search helps you challenge their validity (for example, through an Inter Partes Review at the Patent Trial and Appellate Board).

Experts at Copperpod bring with them decades of patent research and patent litigation experience to help attorneys defend clients during patent infringement cases and evaluate patentability of new invention. Our no-stone-unturned approach helps you not just find the perfect prior art, but also fully understand the state of the art. We also help invalidity experts understand, document and prepare their expert reports.

Prior Art Search
Patent Review
File History Review
Claim Scope Analysis
Patent Search
Literature Search
Keywords Based
Citations Based
Inventors Based
Primary Prior Art
Secondary Prior Art
Detailed Claim-By-Claim Report

Copperpod's prior art search covers more than 100 patent office databases around the world - including European, Japanese, Chinese and Korean patents - as well as all major non-patent literature and product databases.


10 Prior Art Search Mistakes That Undermine Your Inter Partes Review

An Inter Partes Review (IPR) is a trial held before the USPTO’s Patent Trial and Appeal Board (PTAB) to cancel specific claims of a patent on a ground that could be raised under §102 or §103, and only on the basis of prior art consisting of patents or printed publications.

New Approaches to Prior Art Search

As per the statistics from 2015, almost 90% of petitions instituted at the PTAB result in at least one claim being invalidated – while 20% of the petitions result in a full invalidation of all asserted claims.

Overcoming Prior Art Under U.S.C. §103 (Non-Obviousness)

‘’A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.’’