Patentability search cost depends on how many features of the invention are searched, which sources and languages are covered and how much analysis the report contains. A patentability search, also called a novelty search, looks for prior art that could stop an invention from being patented. The same factors set the price of a professional patentability search service.
A patentability search is a search of patents, published applications and non-patent literature (NPL) for documents that disclose the key features of an invention before its filing date. The result is a report that lists the closest references, compares each one with the invention and gives an early view on novelty and obviousness.
What a patentability search covers
Under US law, an invention is not new if it was patented, described in a printed publication, in public use, on sale or otherwise public before the effective filing date (35 U.S.C. 102). A claim can also be refused if the differences from the prior art would have been obvious to a person of ordinary skill in the art (35 U.S.C. 103).
The search therefore looks for public documents in any language, subject to a 1-year grace period for the inventor’s own disclosures. It is not limited to patents in force, which sets it apart from a freedom to operate (FTO) search, as shown in this comparison of patentability and FTO searches. The wider method is covered in the prior art search guide.
How the scope sets patentability search cost
The searcher starts from an invention disclosure, a draft claim set or a provisional application, and breaks the invention into key features. A patentability search service then fixes the scope through four decisions:
- the number of key features or separate concepts to be searched;
- the sources: patents alone, or patents plus NPL such as journals and product manuals;
- the languages, since a large share of the art in some fields is published first in Chinese, Japanese or Korean;
- the depth of the report, from a list of references to a feature-by-feature comparison with comments.
What drives patentability search cost
| Factor | Effect on the price |
|---|---|
| Crowded technical field | More close documents to read and rank |
| Number of key features | Each extra concept adds strings and review time |
| NPL coverage | Journals and standards sit outside patent databases |
| Foreign-language art | Needs native-language strings or translation review |
| Report depth | A feature matrix takes longer than a reference list |
A large part of the time goes into reading results, so a crowded field raises the patentability search cost even when the number of features stays the same.
Typical patentability search cost and turnaround
Published price ranges vary widely, and many are not tied to a defined scope. Synoptic IP prices a patentability search at USD 150–1,200, with delivery in 2–10 business days, based on its own figures checked in November 2026.
Free tools such as Espacenet and USPTO Patent Public Search cost nothing to use, although the United States Patent and Trademark Office (USPTO) requires an account sign-in for its tool from 7 November 2026. A free search still depends on the user knowing classification codes and search syntax.
What a patentability search report contains
A useful report can be checked by the attorney and repeated by another searcher, so it normally contains:
- the scope, with the key features, databases, search date and any limits;
- the search strings and Cooperative Patent Classification (CPC) codes used;
- the closest references, ranked, with publication numbers and dates;
- a key features matrix showing which feature each reference discloses;
- the cited passages or figures for each match, with the searcher’s comments on novelty.
Without the strings and databases, the report cannot be audited or extended later.
How the results are used after the search
The closest references shape the independent claims, and features that no reference shows become candidates for the claims.
People involved in a US application also have a duty to disclose information they know to be material to patentability (37 CFR 1.56). The rule does not require a search. However, material references found in one become known and are normally cited in an information disclosure statement.
A search cannot prove that no prior art exists. Most US applications are published 18 months after the earliest filing date (35 U.S.C. 122), so recent filings may not yet be visible.
Getting a quote for a patentability search
A quote is easier to compare when the request includes the disclosure, the key features and the countries of interest. The patentability search cost then reflects a defined scope. For a scoped quote on your invention, contact us or see our patentability search service.
This guide is general information and is not legal advice.
Frequently Asked Questions
Why do patentability search quotes differ?
Quotes for the same invention differ in patentability search cost because they often describe different searches. One may cover English-language patents with a short list of references, while another covers NPL, Asian-language art and a full feature matrix. Comparing the key features, sources, languages and report contents shows whether two prices are for the same work.
What information is needed for a patentability search?
A patentability search needs a clear description of the invention, such as a disclosure, drawings or draft claims. It also helps to list the features that the inventor believes are new, any references already known and the countries where filing is planned. Missing detail usually leads to a wider and slower search.
Is a patentability search required before filing a patent application?
No, the USPTO does not require an applicant to search before filing. A search is optional, but it helps the attorney draft claims around the closest art. In the US, a material reference known to the people involved, including one found in a search, must be disclosed.
Can I do a patentability search myself?
Yes, free databases such as Espacenet and USPTO Patent Public Search can be used by inventors, and a self-run search can find obvious conflicts early. However, it can miss NPL, foreign-language documents and art described in other terms, so it works best as a first screen.
What is the difference between a novelty search and a patentability search?
The terms usually describe the same search. In practice, a novelty search often means a search for a single document that discloses every feature, while a patentability search also covers combinations of documents that could make the invention obvious. Most professional reports answer both questions in one search.