Before an invention is filed to obtain Patent protection in Indonesia, you, as an inventor, must ensure that the technical solution you developed has never been disclosed to the public before.
This is where a Patent search plays a critical role. The process is not merely a formality, but an analytical tool to evaluate your invention’s position within the global technological landscape. Unlike a Trademark search that focuses on identity, a Patent search is not simply about checking for similar documents. It is a strategic step to assess whether your invention is truly new and suitable for filing. An ideal Patent search provides early evidence that your invention has the potential to meet Patent requirements at the Directorate General of Intellectual Property (DGIP) or other Patent offices.
What Is a Patent Search and Why Is It Important?
A Patent search is the process of searching Patent documents and other relevant publications (prior art) related to your invention, to determine whether the key elements of your invention have been previously disclosed. In Patent law, prior art refers to any information available to the public before the filing date that may affect the assessment of novelty and inventive step of an invention.
Without a proper search, an invention that appears new on the surface may have actually been disclosed in other documents. This can lead to rejection of a Patent application, even after a lengthy examination process and significant filing costs.
An Ideal Patent Search Process
Below are practical and strategic steps to ensure that a Patent search is truly effective:
- Define the Objective of the Search
Determine what you want to find out:- Novelty Search → whether the invention is truly new
- Freedom-to-Operate (FTO) → risk of infringing other Patents
- Landscape Search → mapping relevant technologies Each objective requires a different search strategy.
- Break the Invention into Key Technical Elements
Identify the core technical features that make your invention unique. Break them down into technical terms that will be used as search keywords. - Use a Combination of Keywords and Classifications
Combine:- Boolean operators (AND, OR, NOT)
- Technical synonyms
- Patent classification codes (IPC / CPC) Classification-based searching helps identify relevant documents that may not appear through keyword searches alone.
- Search Official Patent Databases
Use major Patent databases such as:- World Intellectual Property Organization (WIPO) PATENTSCOPE
- European Patent Office (Espacenet)
- United States Patent & Trademark Office (USPTO) Public Search
- Indonesian Intellectual Property Database (PDKI DGIP) These sources provide more reliable technical and novelty information than general search engines such as Google Patents.
- Broaden the Scope of Prior Art
Do not limit your search to Patent documents. Also, review non-Patent literature such as scientific journals, conference proceedings, and technical articles that may qualify as prior art. - Analyze Claims, Not Just Titles or Drawings
The most important part of a Patent document is the claims, as they define the scope of protection. Two documents with different titles may still have very similar claim scopes. - Record and Document References
All relevant references should be documented in detail (publication number, date, technical summary). This information forms the basis for evaluation and for drafting the Patent application. - Evaluate Results Systematically
Search results should be analyzed using a structured method:- Are there Patents that are closely related?
- Which technical elements have already been disclosed?
- How significant is the technical overlap?
Measured analysis helps determine whether the invention has novelty or needs refinement before filing.
Common Mistakes in Patent Searches
- Using keywords that are too narrow or too broad
- Searching only one database
- Failing to check legal status (e.g., expired or rejected Patents)
- Ignoring non-Patent publications
These mistakes can lead to misleading or incomplete search results.
Ideally, an effective Patent search is a combination of:
- Clear objectives
- Measured search strategies
- Proper database selection
- Accurate technical analysis
Although a search can be conducted independently, its complexity often requires technical and legal expertise. A well-executed Patent search strengthens the quality of your Patent application documents and reduces the risk of rejection during examination at the DGIP or other Patent offices worldwide.
Should you need further information regarding Patent search processes domestically or internationally, contact us through the following channels and receive a FREE 15-minute consultation:
📩 E-Mail : [email protected]
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About AFFA:
Established in 1999, AFFA Intellectual Property Rights is an Indonesia-based boutique IP law firm serving international brands and innovators, offering full-service support—from prosecution and licensing to enforcement and commercialization—in Indonesia’s dynamic IP landscape. Our firm is widely recognized for its excellence, with accolades including “Best Boutique Law Firm in Indonesia” and “IP Enforcement Firm” at the Indonesia Law Firm Awards 2025 by Asia Business Law Journal, as well as being listed as a “Recommended Firm 2024 — Indonesia” by WTR 1000: The World’s Leading Trademark Professionals. For more information, please visit: www.affa.co.id.
