• The type of patent search conducted depends on the situation.magnifying glass image by timur1970 from Fotolia.com
  
  There are several types of patent searches. Selecting which type of patent search to conduct depends on the business goal of the search and how you'll use the search results. Patent searches are often performed as part of a patent application process and during a patent dispute or litigation matter.
  
  

Patentability Searches

• A patentability search (or novelty search) is a search that is conducted prior to drafting and filing a patent application. Patentability searches are used to help make a determination about whether to file a patent application for an invention. The purpose of the patentability search is to learn whether a similar (or the same) invention has been previously patented or publicly disclosed. Patentability searches are concerned with technical subject matter disclosed in a patent or published application, and not necessarily with what is claimed in a patent. A patentability search can include patents, published applications and other non-patent literature sources, such as scholarly journals and trade publications.
  
  

Validity Searches

• Validity searches are conducted on inventions claimed in a patent that has been issued. An issued patent is presumed to be valid by courts, but this presumption can be challenged using results uncovered in a validity search, among other things. A validity search focuses on searching prior patents and publications in an attempt to find the claimed subject matter of the patent in which validity is being analyzed. Validity searches can be performed by a patent owner prior to asserting a patent in litigation as a way to evaluate the strength of the patent claims. Validity searches can also be performed by those accused of infringement as an attempt to invalidate a patent being asserted. Like a patentability search, validity searches can include patents and non-patent literature.
  
  

Freedom-to-Operate Searches

• Freedom-to-operate searches are used to help analyze risk associated with a new or planned product or service. The results of a freedom-to-operate search typically reveal what has been patented in a specific area of technology and also whether a company will risk patent infringement with a new product or service. Because freedom-to-operate searches are concerned with patent infringement issues, this type of search focuses on looking for the new product or service features in issued patents.
  
  

State-of-the-Art Searches

• State-of-the-art searches are used to learn where the current state of the art is for a particular technical area and to give a snapshot of where industry participants are at with respect to technical developments. This type of search is more general in nature than the other types of patent searches and is intended to provide representative patents for the technical area of interest.