What is Patentable? Everything You Need To Know About USPTO Patentability Requirements
If you have an invention, one of the first things you need to know is whether it’s patentable. In order for your invention to be patented, it must meet certain…
[SERVICE]
Patentability search
Know it’s patentable before you file, or get your money back.*
A registered patent attorney searches US and foreign patents and tells you if your invention is novel, before you spend on filing. If it isn’t, a full refund or another search.
Backed byThe RLG Guarantee*Your attorneys
Andrew RapackeManaging Partner · Registered Patent AttorneyElectrical and computer engineering. Former Naval Engineering Officer.
Chris WattRegistered Patent Attorney · Former USPTO ExaminerSoftware, AI and machine learning, and MedTech. A full-stack software engineer.
Ken BrooksRegistered Patent AttorneySoftware, AI and machine learning, electrical and mechanical systems.
[01]Who it's for
For inventors and companies in any field.
Independent inventors, startups and established businesses all start with the same question. Is it novel enough to patent? The search answers it before you spend on an application.
Independent inventors
Find out whether your idea is a patentable invention before you pay for an application.
Startups
Know what already exists before you raise, launch or demo, so you file around what is new.
Established businesses
Check a new product, feature or process against earlier patents before you commit to filing.
Any kind of invention
Software, hardware, devices and consumer products, searched by attorneys with engineering backgrounds.
[02]What's patentable
What makes an invention patentable?
An invention is patentable if it is patent-eligible subject matter, novel, not obvious to someone skilled in the field, and described well enough for others to make and use it.
The new and nonobvious tests are where inventions usually succeed or fail, and they turn on what already exists. That is what a patentability search answers before you spend on an application.
What the USPTO requires
- Eligible subject matterA process, a machine, a manufactured article or a composition of matter, or an improvement to one.
- NewNo single earlier patent, publication, product or public use already shows the invention.
- Not obviousSomeone skilled in the field would not have found it obvious from what already existed, including combinations of earlier work.
- Fully describedThe application explains how to make and use it in enough detail for others in the field to follow.
Not enough on its own
- An idea aloneYou need a concrete invention, though not a working prototype.
- Abstract ideasMathematical formulas, mental steps and business methods, claimed on their own.
- Laws of nature and natural phenomenaA natural relationship, or something as it exists in nature, cannot be claimed by itself.
- Something already shownIf an earlier patent, application or publication already shows the invention, it is not novel.
[03]How it works
What the search covers and what you get back.
Every search starts with your attorney learning what you built. Then a registered patent attorney searches for earlier work like it and tells you, in writing and on a call, whether your invention looks novel enough to patent.
The discovery call
An invention discovery call with your attorney about how the invention works, the problem it solves and which parts you think are novel. No prototype is needed. A plain description, sketches, diagrams or code are enough to start.
The search
A comprehensive search of US and foreign patents and published applications, done by a registered patent attorney. Earlier patents count against an application even after they expire, so expired ones are part of the search too.
The report and the review call
A written patentability report in about 5 days that explains what the search found. Then a review call with your attorney on whether to file, what to file first and the strategy that fits.
Prior art search, novelty search or patentability search?
You may hear all three names. They are often used for the same thing, a search of earlier patents and publications to see whether an invention is novel enough to patent. What matters is that a patent attorney reads the results against your invention.
What to bring to your first call
- A plain description of what the invention does and the problem it solves
- Sketches, photos, CAD files, diagrams or code, if you have them
- The parts or steps you believe are new
- Competing products or patents you already know of
- Any dates you have shown, sold or published the invention
For the full requirements, read what is patentable. Not sure a patent is the right first step? The Intelligent IP Quiz gives you a starting point in about a minute.
[04]Two different questions
Patentability search or freedom-to-operate review?
They answer different questions. A patentability search asks whether you can get a patent. A freedom-to-operate review asks whether your product could infringe someone else's.
| Patentability search | Freedom-to-operate review | |
|---|---|---|
| The question | Is your invention novel enough to patent? | Could your product infringe a patent someone else holds? |
| What it looks at | Earlier patents, published applications and other publications from anywhere in the world, including expired ones | The claims of patents still in force, in the countries where you plan to sell |
| When it matters | Before you spend on a patent application | Before a large launch or manufacturing run in a crowded field |
Getting your own patent does not answer the freedom-to-operate question, because a patent gives you the right to exclude others, not a right to sell. Many inventors start with the patentability search, because it decides whether filing makes sense, and your attorney can tell you on your strategy call whether a freedom-to-operate review is worth doing too.
[05]After the search
What happens after the search?
On the review call, your attorney recommends a next step. If you move forward, the $999 is credited toward your application.
If it is new, a provisional is the usual next step
Many clients file a provisional patent application next. It makes the invention patent pending the day it is filed, for a flat fee of $2,500 to $3,500, and holds your filing date for 12 months. The full utility application follows within those 12 months.
If what is novel is how it looks
A design patent protects how a product looks, including a screen or interface. Many products qualify for both a design patent and a utility patent.
If it is not novel
The search is covered by The RLG Guarantee. If the search finds your invention is not novel, you choose a full refund or another search. Refunds are subject to the RLG Guarantee Policy in your engagement letter.
Every fee from search to filing is on our pricing page, and how much a patent costs covers the USPTO fees that come later.
[06]The flat-fee path
One flat fee, credited when you file, or refunded if it isn’t novel.*
If the search finds your invention is not novel, you choose a full refund or another search. If you move forward, the $999 is credited toward your application. Every step after it is a flat fee, quoted before work begins.
01Start here
Patentability search
$999
Flat fee, credited toward your application
- An invention discovery call with your attorney
- A comprehensive search of US and foreign patents and published applications
- A written patentability report
- A review call on the strategy that fits
Report in about 5 days
Not patentable, full refund*02If it is novel
Provisional patent application
$2.5k–3.5k
Set by the invention. Search fee credited
- A strategy call on how it works and what to claim first
- Drafted by a registered patent attorney
- You review and approve it before filing
Patent pending the day it is filed
Patentability issues, full refund*03Within 12 months
Non-provisional application
$7k–12k
Drawings and USPTO filing fees included
- Claims and a full specification written for examination
- Formal drawings and USPTO filing fees
- Complex inventions quoted flat on your call
Filed before your 12-month deadline
Flat fee, not covered by the guarantee
*Refunds subject to the RLG Guarantee Policy in your engagement letter. Utility (non-provisional) patents are quoted flat and are not covered by the guarantee. How The RLG Guarantee works
[07]The process
From first call to a clear answer.
What happens at each step and who does the work. Timing shown is typical, never a promised date.
Patentability searchCall to decision
- Day one01Day oneDiscovery callWalk your attorney through the invention. No prototype needed.
- $99902$999The searchUS and foreign patents and published applications.
- About 5 days03About 5 daysWritten reportWhat the search found, in writing.
- Your attorney04Your attorneyReview callYour attorney walks you through the strategy that fits.
- Your choice05Your choiceRefund or creditNot novel, a full refund or another search. Moving forward, the fee is credited.
- 06Provisional filedIf you file, you are patent pending from the filing date.
[08]Questions
Before you search.
Still deciding? Your first call is free and comes with a straight answer on whether to file.
Book A Free Strategy CallWhat is a patentability search?
A search of earlier patents and publications to see whether your invention is novel enough to patent, before you spend on an application. It is also called a prior art search or a novelty search. Ours is done by a registered patent attorney and covers US and foreign patents and published applications.
How much does a patentability search cost?
With us, a flat $999, quoted before any work begins. It includes an invention discovery call with your attorney, the search, a written report and a review call. If you move forward, the $999 is credited toward your application. If the search finds your invention is not novel, you choose a full refund or another search.
How long does a patentability search take?
The written report comes back in about 5 days, followed by a review call with your attorney. That timing is typical, not a promised date.
What if the search finds my invention is not novel?
You choose a full refund or another search, under The RLG Guarantee. Refunds are subject to the RLG Guarantee Policy in your engagement letter. Knowing before you file saves the cost of an application that was unlikely to succeed, and the report explains what the search found.
Is a patentability search the same as a freedom-to-operate search?
No. A patentability search asks whether your invention is novel enough to patent, looking at earlier patents, published applications and other publications from anywhere in the world, including expired ones. A freedom-to-operate review asks whether your product could infringe someone else's patent that is still in force. It is a separate question your attorney can advise on.
Do I need a prototype for a patentability search?
No. You need a concrete invention, not a working prototype. A plain description, sketches or diagrams are enough for your attorney to work from on the discovery call.
Can I do a patent search myself, or do I need a patent search attorney?
You can start yourself. The USPTO's Patent Public Search, Google Patents and WIPO's PATENTSCOPE are free, and a quick search can show you whether something close already exists. A free search is a good first look, not an answer. Examiners also judge whether a combination of earlier references makes an invention obvious, and that is where a registered patent attorney's reading matters.
Does a patentability search guarantee a patent?
No. It tells you what the search found and whether your invention looks novel enough to patent, so you can decide whether to file and what to claim. The USPTO examiner makes the decision. The RLG Guarantee is a refund promise, not a promise of a granted patent.
What happens after the search?
Your attorney recommends a next step on the review call. If the invention is novel, many clients file a provisional application, which makes it patent pending for a flat $2,500 to $3,500, then the full application within 12 months. If what is novel is how the product looks, a design patent may fit. The $999 is credited toward the application you file.
Who does the search?
A registered patent attorney at the firm. Our patent attorneys have engineering backgrounds across software, AI, electrical and mechanical systems and MedTech, and the team includes a former USPTO examiner.
What does The RLG Guarantee cover for the search?
If the search finds your invention is not novel, you get a full refund or another search, your choice. If you move forward, the $999 is credited toward your application. The guarantee is a refund promise, not a promise of a granted patent. Refunds are subject to the RLG Guarantee Policy in your engagement letter.
[09]Learning Center
Go deeper on patent searches.
How to Patent Search Like a Pro Before You File
Learn how to patent search with USPTO Patent Public Search, Google Patents, and CPC codes to find prior art before you file. Book a free IP strategy call.
Professional Patent Search: The Critical First Step Most Inventors Skip and Regret Later
In 2024, a medical device startup celebrated what they believed was a breakthrough. After investing $12,000 in patent prosecution and months of back-and-forth with the…
[10]Client reviews
Inventors who worked with us.
4.7 across 614 public reviews on Google, Trustpilot and Avvo.
#1Top reviewed IP law firm*
Read client reviews“A detailed analysis and report was provided once the search was completed. They answered all of my questions in a timely manner and advised me on the best strategies moving forward.”
Brittany LongPrior art search · Client review “Completed the patent search and utility patent within weeks.”
Michael F.Utility patent · Google “It gave us peace of mind knowing the total cost for this service was included in their flat-fee proposal.”
Nick P.Provisional patent · Client review
Reviews reflect individual client experiences. Quotes are excerpts. Prior results do not guarantee a similar outcome. *#1 top reviewed means the most public client reviews on Google, Trustpilot and Avvo of any US patent or trademark firm.
Find out before you file.
Talk through your invention with a registered patent attorney. The call is free, with no obligation.