It is estimated that up to 30% of all R&D spending is wasted reinventing existing technology that a proper patent search would have revealed. This staggering inefficiency becomes even more critical when you consider that patents represent a substantial repository of technical information, with significant portions of technical knowledge appearing exclusively in patent literature. Yet, most product developers still struggle to navigate the patent search process effectively. The patent searching process is a systematic approach that helps inventors avoid wasted R&D by guiding them through effective strategies to identify relevant prior art.
Apple famously filed over 200 patent applications for the technology behind the first iPhone, covering everything from the touchscreen interface to internal components. This illustrates how a single flagship product can rest on a vast patent foundation, making comprehensive patent searching essential for any business operating in competitive markets, particularly in AI and software, where overlapping technologies create complex patent landscapes. Preliminary patent searching is a crucial initial step before diving into deeper research, helping inventors identify potential obstacles early in the process.
With over 3.5 million patent applications filed globally in 2023 and approximately 80% of USPTO patent examiners now using AI-driven search features, the patent landscape has never been more complex or more critical to understand. Patent databases and search tools now provide access to patent information from other countries, not just the US, allowing inventors to assess the international scope of prior art and potential patent conflicts.
Understanding The Process to Search for Patents Associated with a Product
Patent offices, including the United States Patent and Trademark Office, intentionally discourage the use of product names or trademarks in patent documents so that patents focus on technical innovations rather than branding. This fundamental policy makes direct patent searches using product names largely ineffective for most consumer goods.
This challenge is particularly acute for software and AI products, where the underlying algorithms and technical implementations may be described using abstract technical language that bears little resemblance to the commercial product names. A machine learning platform might be protected by patents describing “neural network architectures” or “data processing optimization systems.” In these cases, keyword searching and keyword searches are more effective strategies for finding relevant patents, as they allow you to identify patents based on subject matter, inventor, or classification rather than relying on product names.
Searching for similar inventions is also a key part of determining whether a product is novel and patentable.
The Timing Challenge
Companies typically file patent applications years before a product reaches the market, often before final product names are chosen. In fact, companies file for patent protection long before a product is named or marketed to ensure their innovations are secured early. Additionally, companies license patents from other entities, and patent rights can be transferred or licensed to subsidiaries or other firms as part of their intellectual property strategy. A smartphone released in 2024 might rely on foundational patents filed a decade earlier under generic technical descriptions or internal code names. This creates a significant gap between when innovations are protected and when they become commercially visible, and patent protection long outlasts product naming cycles.
For AI and software companies, this timing gap is especially problematic since rapid development cycles mean that core algorithms may be patented under entirely different technical descriptions than the eventual product implementation. The patented technology remains protected even as product names or trademarks change over time.
Many-to-Many Patent Relationships
A single product may incorporate multiple patented technologies for its design, functionality, manufacturing process, or subcomponents. Conversely, one patent might protect a technology used across several different products or even an entire product line. In many cases, multiple patents may cover the same invention in other markets or under different product lines, reflecting the need to track and consolidate citation data for the same invention across jurisdictions. This complexity requires a multi-pronged search approach that goes far beyond simple product identification.
Modern SaaS platforms exemplify this complexity—a single application might incorporate patented technologies for user authentication, data encryption, API optimization, machine learning algorithms, and user interface designs, each potentially protected by separate patent families.
Starting Your Search: Product Packaging and Documentation
U.S. patent law encourages patent owners to mark products with patent numbers to provide public notice and preserve specific legal remedies (see 35 U.S.C. § 287). The patent number is a key identifier that allows you to locate and retrieve patent documents from various databases quickly. Begin your patent search by examining:
- Product packaging and labels for patent numbers or patent markings.
- Instruction manuals or inserts, which may reference patents.
- Company websites sometimes have a dedicated page for patent information.
- Listed patents: Some products provide a comprehensive list of all associated patents, including sequence listings or tables, often accessible through official resources.
Documentation Review
Carefully review all available documentation to identify patent numbers and references. This can help you find all the patents associated with a product, ensuring a comprehensive search.
Important Note: Not all patented products are marked with patent numbers or listed patents, so further searching may be required to identify all relevant patents.
Physical Product Examination
Look for these marking types on packaging, labels, and the device itself:
- “Patent Pending” indicates filed applications not yet granted.
- Specific patent numbers – formatted as “U.S. Patent No. 8,345,567” or “US 8,345,567 B2”.
- International patent numbers – “EP” for European, “JP” for Japanese, “CN” for Chinese patents.
- Virtual marking references – URLs like company.com/patents listing associated patents.
Documentation Review
Product manuals, warranty booklets, and technical specifications frequently contain comprehensive patent listings. Complex products like electronics or vehicles may reference dozens of patents covering different components and functionalities.
For software products, check Terms of Service, technical documentation, and API documentation, which increasingly include patent notices. Many SaaS companies now maintain dedicated patent pages listing their intellectual property portfolio.
Important Note: Absence of marking doesn’t mean no patents exist. Not all companies mark products, and component patents by suppliers might not appear on the final product packaging.
Company-Based Search Strategies
Most tech companies patent extensively, making company-based searching by assignee a powerful approach. However, effective corporate searching requires navigating several complexities. Patents may be assigned to subsidiary companies or divisions rather than the parent company, so it is vital to search under all related company names.
Key Considerations for Company-Based Patent Search
- Companies may use multiple names or abbreviations as assignees.
- Mergers, acquisitions, or spin-offs can result in patents being reassigned.
- Some patents are held by holding companies or special-purpose entities.
- Track the original owner of a patent, especially after mergers or acquisitions, to ensure accurate ownership information.
When cross-referencing trademark registries, use a trademark database to identify the current trademark owner. This helps verify patent ownership, especially if the original patent holder is unknown or rights have changed hands.
Tech Company Strategy:
Always check for patents owned by different company entities, including subsidiaries, holding companies, or divisions, to ensure a comprehensive search.
Assignee Search Complexities
- Corporate Structure: Large companies often file patents through multiple subsidiaries or acquisitions.
- Mergers and Acquisitions: Patents may be assigned to the acquired companies’ original names.
- Name Variations: Companies use different names or abbreviations (IBM vs. International Business Machines).
- International Entities: Multinationals file through country-specific branches.
To cast a comprehensive net, include parent company names, subsidiaries, and historical names in your search. Cross-referencing trademark registries can help identify corporate name variations.
Tech Company Strategy: For AI and software companies, also search under research lab names (like Google DeepMind, Microsoft Research) and university partnerships, as breakthrough technologies often originate in these specialized divisions before commercial implementation.
Prioritizing Recent Patents
As of 2023, there are around 18.6 million active patents worldwide (over 3.5 million active U.S. patents), so company portfolios can be enormous.
Large corporations typically hold thousands of patents. Prioritize recent patents (last 5–10 years) unless the product involves older legacy technology.
For software and AI innovations, focus heavily on patents filed within the last 3-5 years, as the rapid evolution of these fields makes older patents potentially less relevant to current implementations.
Inventor and Engineering Team Searches
Patents name their inventors, so another powerful angle is searching by inventor names – especially lead engineers or technical experts behind the product. Searching for the product’s inventor can be particularly helpful in locating relevant patent information when company or product names are insufficient.
Inventor Identification Strategies
- Use press releases and product announcements mentioning lead architects.
- Check technical conference presentations and academic publications.
- Leverage professional networking sites like LinkedIn and ResearchGate.
- Look for patterns where inventors frequently collaborate on related patents.
The inventor-based approach often reveals multiple patents covering different aspects of the same technology. The product’s lead inventor may hold dozens of patents in the domain, which collectively give a more complete picture of the product’s protected innovations.
AI/Software Focus: For machine learning and AI products, pay special attention to academic researchers who later joined companies, as their university research often forms the foundation for commercial patent applications.
Technology-Based Search Approach
Since patent documents focus on technical features rather than product names, one of the most precise ways to find relevant patents is to search by the product’s technology itself. In addition to this approach, classification searching and full text searching are essential for comprehensive results, as they help identify patents across different terminology and ensure thorough coverage of relevant documents.
Technical Feature Analysis Process
- Identify Core Components: Break down the product’s functions and unique innovations.
- Develop Keyword Lists: Include technical terms, synonyms, component names, and industry jargon.
- Use Boolean Logic: Employ advanced operators for precise database queries.
- Iterative Refinement: Add or remove terms based on initial results.
Critical Insight: Patents often use different terminology from marketing materials. For example, what a consumer product calls “wireless charging,” a patent might call “inductive power transfer”. Similarly, “AI-powered recommendations” might be patented as “machine learning classification systems” or “predictive analytics engines.”
For more complex guidance on AI patent searching strategies, refer to our comprehensive AI Patent Mastery guide.
Classification System Searching
The Cooperative Patent Classification (CPC) system provides a technology-centric organization that transcends language barriers. Patent classification search is powerful because it’s technology-centric and language-agnostic. The CPC and International Patent Classification (IPC) systems group similar technologies together irrespective of the specific terms used.
Recommended Process:
- Perform initial keyword searches to find relevant patents.
- Note their CPC classification codes.
- Search within those same CPC codes.
- Explore adjacent or broader classifications.
Software/AI Classifications: Pay particular attention to G06F (Electric Digital Data Processing), G06N (Computing Arrangements Based on Specific Computational Models), and H04L (Transmission of Digital Information) classifications for software and AI innovations.
Essential Patent Search Tools and Databases
Professional patent searching requires multiple databases, each with unique strengths. Using a patent database is essential for efficiently locating patent information, including related patents, inventors, owners, and legal status.
Primary Search Platforms
- USPTO Patent Public Search: The USPTO Patent Public Search tool is available through the USPTO website and serves as a primary resource for accessing U.S. patent documents. Patent and trademark information can be accessed online via the USPTO Public Search Facility.
- Espacenet: Espacenet provides access to worldwide patent documents and is helpful for international searches.
- Google Patents: Google Patents offers a user-friendly interface for searching global patent literature.
- Lens Patent Search: Lens.org enables comprehensive lens patent search capabilities, allowing users to search by keyword, inventor, patent number, and more.
Plant patents, which often include unique features such as color images, can be accessed through specific databases and libraries that provide these original documents.
Primary Search Platforms
USPTO Patent Public Search: The USPTO’s official search interface provides comprehensive access to all U.S. published applications and granted patents. It offers advanced search fields (by inventor, assignee, CPC class, etc.), Boolean operators, and full-text search.
Google Patents: A free and user-friendly search engine that covers worldwide patents (aggregating data from many countries). It has a robust full-text search with Boolean logic and even supports machine translation for foreign patents.
Espacenet (EPO): Essential for European patent coverage and international searches, with over 199,000 patent applications received in 2023.
Lens.org: An open global database covering 100+ million patents with analytical tools and jurisdiction filtering capabilities.
AI-Enhanced Search Capabilities
The patent search landscape is rapidly evolving with artificial intelligence. As of June 2024, approximately 80% of USPTO patent examiners have used AI-driven features, including “More-Like-This-Document” and “Similarity Search,” in over 480,000 cases.
Since USPTO launched this tool in March 2024, examiners have used this almost 850,000 times in the office, and the adoption rate for 2025 is increasing. These AI tools enable more thorough prior art searches by analyzing vast patent datasets and identifying previously unnoticed relationships between technologies.
Pro Tip: While AI search tools are powerful, they work best when combined with traditional patent attorney expertise. At RLG, we leverage both cutting-edge AI tools and experienced patent attorney analysis to ensure comprehensive coverage without the high hourly fees typical of traditional patent firms.
International Patent Investigation
Patent rights are territorial, so companies often file for protection in multiple countries for important products. To ensure comprehensive coverage, it is crucial to search for other patents from international sources, not just U.S. patents. The major markets require specific attention:
Global Coverage Priorities
Together, the US, China, Japan, Korea, and EPO accounted for about 85% of all patent filings in 2023. In fact, China alone contributes nearly half of all patent filings worldwide.
Key Search Targets:
- United States (USPTO databases).
- Europe (Espacenet).
- China (CNIPA databases).
- Japan (JPO databases).
- South Korea (KIPO databases).
Patent Family Analysis
Important inventions are often filed in multiple countries as patent families. Understanding the geographic scope is important if you plan to operate in or sell the product in multiple countries. A patent family analysis tells you in which countries a particular technology is protected.
For SaaS companies planning global expansion, this analysis is crucial for understanding potential infringement risks in target markets.
Analyzing Search Results and Patent Families
Always check the legal status of patents you find. Is the patent application still pending or already granted? If granted, when does it expire? Also, has it been maintained (paid up), or was it abandoned? An expired patent (generally 20 years after filing for most utility patents) no longer poses an infringement risk.
Patent Document Structure Analysis
Focus on these key sections:
- Abstract: Short technical summary for initial filtering.
- Claims: Define legal boundaries of the invention.
- Detailed Description: Comprehensive technical explanations.
- Drawings: Visual representations of embodiments.
When analyzing relevance, focus on the claims in light of the product’s features. Do the claims cover a technology that the product uses? If yes, that patent is likely “associated” with the product in the sense that the product practices the patented invention.
Verification and Documentation
Create systematic records including:
| Patent Number | Title | Filing Date | Status | Key Claims | Product Correlation |
| US 8,123,456 B2 | Wireless Charging System | 2015-03-15 | Granted | Claims 1-3, 7 | Module X charging subsystem |
| US 9,987,654 B1 | Display Interface Method | 2017-08-22 | Granted | Claims 1, 5-8 | User interface components |
Technical Correlation Analysis
Map identified patents against the product’s technical features. Are there major product features without corresponding patents? This could indicate either unpatented standard technology or areas requiring deeper searching.
Advanced Search Considerations
Integration of Non-Patent Literature
Modern patent searches, especially for patentability or validity purposes, increasingly integrate NPL. Academic papers, technical standards, product teardowns, and open-source project documentation – all can contain disclosures similar to the product’s tech.
AI-Enhanced Tools Evolution
Several patent search platforms now offer AI-driven features like semantic search (finding patents with similar concepts, even if different keywords), automated keyword extraction, and prior art ranking by relevance.
However, it’s important to use AI as a complement, not a replacement for human analysis. Studies and expert consensus in 2023 indicate that the best results come from a “human-in-the-loop” approach – combining expert searcher intuition with AI suggestions.
Continuous Monitoring Systems
Many databases allow you to save searches and will send email alerts when new patents are published that meet your criteria. Companies often implement automated watch services that notify them of new filings by competitors or new patents in key domains.
Limitations and Challenges
Even comprehensive patent searching has inherent limitations:
- Publication Delays: Patent applications generally publish 18 months after their earliest filing date. So there is a blind spot for very recent filings. If a competitor filed a patent last month, you won’t know for a year and a half.
- Incomplete Global Coverage: No single database contains every patent worldwide in real time. Some national offices have less accessible data, and machine translation isn’t perfect for technical terminology.
- Trade Secret Alternatives: Not every innovation is patented. Companies might keep specific processes or designs as trade secrets, especially if they think it’s hard to reverse-engineer.
- Software Considerations: Many software innovations are kept as trade secrets rather than patented, particularly algorithms that are difficult to reverse-engineer from the end product.
The Systematic Approach: Integration Strategy
No single method is sufficient alone; it’s the integration of all these approaches that yields a comprehensive result. For modern complex products in competitive industries, this thoroughness is essential.
The most effective patent search strategy combines:
- Product documentation analysis for immediate leads.
- Company-based searches for assignee patent portfolios.
- Inventor searches through key engineering personnel.
- Technology-based queries using technical terminology.
- Classification searches for comprehensive coverage.
- International database coverage for global protection mapping.
- AI-enhanced tools for semantic similarity detection.
- Continuous monitoring for ongoing competitive intelligence.
Implementation Priority Matrix
| Search Method | Time Investment | Coverage Scope | Precision Level |
| Product Documentation | Low | Narrow | High |
| Company/Assignee | Medium | Medium | Medium |
| Technology/Classification | High | Broad | High |
| International | High | Broad | Medium |
| AI-Enhanced | Medium | Broad | Medium |
Expert Consultation and Resource Access
Large corporations typically have in-house IP teams or retain patent analytics firms( LINK 1) to monitor relevant patents constantly. A vast majority of large companies have dedicated patent search teams( LINK 2) focusing on their technology areas. For individuals and smaller businesses, consulting patent attorneys and patent agents is highly recommended to ensure proper preparation and filing of patent applications.
Professional patent searchers, patent agents, and attorneys offer:
- Access to subscription databases (Derwent, SciFinder).
- Advanced citation analysis tools.
- Legal claim scope interpretation.
- Freedom-to-operate opinions.
The RLG Advantage: Unlike traditional patent firms that charge $400-800/hour for search and analysis, RLG offers transparent fixed-fee patent search services with The RLG Guarantee. This means you know precisely what you’ll pay upfront, and if our search uncovers patentability issues, you get a full refund or additional search at your choice.
Additionally, trademark resource centers are available as local facilities that provide search resources and training for patent and trademark searches.
Conclusion: Strategic Patent Intelligence
In a world of ever-increasing patent filings (over 3.5 million patent applications filed globally in 2023, a record high), having a rigorous patent search process is more important than ever for product development and risk management.
For companies in fast-paced, IP-intensive markets, investing in proper patent search capabilities isn’t just a legal precaution—it’s a business intelligence necessity. Systematic patent searching can prevent costly infringement surprises, reveal innovation opportunities, and inform strategic decisions about where to file patents or how to design around existing ones.
The patent landscape will continue evolving with AI tools and expanding global coverage. By implementing the systematic approach outlined here and staying current with emerging search technologies, you position your organization to innovate confidently while navigating the technological landscape with complete visibility.
Your Next Steps to Patent Search Success
Understanding the patent landscape around your product is crucial for making informed business decisions and avoiding costly surprises. A comprehensive patent search reveals not just potential infringement risks but also opportunities for innovation, partnership, and strategic positioning in your market.
The bottom line: weak patent searches leave you vulnerable to competitors who have already secured protection for similar technologies. In contrast, comprehensive searches give you the intelligence needed to navigate the competitive landscape confidently and make strategic IP decisions.
Time is critical in today’s fast-moving technology markets. Every day you operate without understanding the patent landscape around your product is a day you risk costly infringement issues, missed licensing opportunities, or poor strategic decisions. In our first-to-file patent system, waiting to understand your competitive IP environment could mean the difference between market leadership and playing catch-up.
Take these immediate action steps:
- Schedule a Free IP Strategy Call to get professional analysis of your specific patent search needs and develop a comprehensive search strategy tailored to your product and market position.
- Conduct an initial product documentation review using the systematic approach outlined above to identify any immediately visible patent information.
- Identify key competitors and technology leaders in your space to guide company-based and inventor-based search strategies.
- Set up monitoring systems for ongoing competitive intelligence in your technology areas.
- Document your search methodology and results systematically to support future IP decisions and potential freedom-to-operate analysis.
A thorough patent search is an investment in your product’s future success and your company’s strategic positioning. The insights you gain will inform everything from product development priorities to partnership opportunities to patent filing strategies, giving you the competitive intelligence needed to succeed in today’s innovation-driven markets.
The RLG Guarantee for Patent Searches:
- FREE strategy call with the RLG team.
- Invention discovery call with your attorney to gather search information.
- Comprehensive patentability search for US and Foreign patents and published applications.
- Comprehensive patentability report and review call with attorney for IP protection strategy.
- 100% refund if the search finds the invention is not novel*.
- 100% credit towards patent application if the search finds the invention has patentable features*.
Don’t let patent uncertainties hold back your innovation or expose you to unnecessary risks.
To Your Success,
Andrew Rapacke
Managing Partner, Registered Patent Attorney
Rapacke Law Group
Connect with us: LinkedIn: Andrew Rapacke | Twitter: @rapackelaw
