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A prior art search tells you whether your invention is genuinely new before you invest in drafting and filing an Australian patent application. Our team at Brealant combines Australian and international databases to give you a clear, evidence-based view of the existing field.
Legal Definition of a Patent Search
A prior art search reviews existing patents, patent applications, and non-patent literature — in Australia and internationally — to identify anything that may anticipate or overlap with your invention.
Unpublished Applications
Very recently filed applications may not yet be published or visible at the time of search.
Inventive Step Is Judgment-Based
A search identifies prior art, but assessing inventive step over it involves professional judgement.
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Contact
Reach out to Brealant, your trusted patent attorney in Australia, to discuss your invention.
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Search
We search IP Australia records, international patent databases, and relevant technical literature.
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Quote
Receive a service quote tailored to the technology area and search scope.
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Pay
Proceed with secure payment for the selected search service.
File
Our attorneys assess the closest prior art against your invention's novel features.
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Wait
We finalise the search report and patentability opinion.
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Response
You receive the search report and our recommendation on whether and how to proceed.
In Australia, a patent must be novel, involve an inventive step, and be a manner of manufacture under the Patents Act 1990. A prior art search checks your invention against the existing field before you invest in drafting, so you know where you genuinely stand.
Drafting a full patent specification is a significant investment. A search first means claims can be drafted to genuinely distinguish over the closest prior art, rather than discovering a blocking reference after filing — saving both cost and time.
A search significantly reduces risk, but it has real limits worth understanding
No Absolute Guarantee
No search is exhaustive, and IP Australia conducts its own search during examination.
Unpublished Applications
Very recently filed applications may not yet be published or visible at the time of search.
Inventive Step Is Judgment-Based
A search identifies prior art, but assessing inventive step over it involves professional judgement.
Foreign Filing Not Cleared
An Australian-focused search does not clear your invention for patenting in other countries.
Doesn't Assess Freedom to Operate
A patentability search is different from an FTO analysis, which checks infringement risk rather than novelty.
Brealant explains these limits clearly in every search report, so you know exactly what the search tells you.
A thorough Australian patent search reviews multiple sources to protect your filing decision. Our search covers
Australian Patent Records
Granted patents and pending applications on the IP Australia register.
International Databases
Major international patent databases, since prior art anywhere in the world can affect novelty.
Non-Patent Literature
Technical journals, publications, and other public disclosures relevant to the field.
Claim Scope Analysis
How your invention's key features compare against the closest prior art identified.
Partnering with Brealant means every relevant source is checked before you invest in drafting.
A search typically involves
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Briefing
You describe the invention, its key features, and the problem it solves.
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Searching
We search Australian and international records and relevant technical literature.
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Analysis
Our attorneys assess the closest prior art against your invention's novel features.
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Reporting
You receive a search report identifying relevant prior art and a patentability opinion.
A standard prior art search and opinion is typically completed within 1 to 2 weeks, depending on technical complexity.
Search costs are set against the far larger cost of drafting and filing
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Charged as a fixed professional fee based on the complexity and technology area of the invention.
Charged as a fixed professional fee based on the complexity and technology area of the invention.
Brealant quotes this upfront before starting the search, so there are no surprises.
Once your search is complete, Brealant can move straight into drafting and filing your application, keeping the momentum from a positive search result and preserving your priority date.
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No, but skipping it significantly increases the risk of filing an application that examination later rejects for lack of novelty.
No search is exhaustive, and IP Australia conducts its own search during examination, but a professional search substantially reduces the risk of surprises.
We search both — Australian records and major international databases, since prior art anywhere in the world can affect novelty.
We'll advise whether the invention can still be distinguished through the claims, or whether the filing strategy needs to change.
A standard search and opinion is typically completed within 1 to 2 weeks, depending on the technical complexity of the invention.
A novelty search checks whether your invention is new enough to be patentable; an FTO search checks whether making or selling your product would infringe someone else's existing patent — Brealant offers both as separate services.
Brealant offers a free initial discussion, with a fixed fee for the full search and opinion, which we quote before you commit.
A search is still valuable, but public disclosure before filing can itself destroy novelty in Australia, subject to a limited 12-month grace period, so timing should be assessed urgently.
Yes, the search results and opinion help decide whether to proceed straight to a provisional application or refine the invention first.
Brealant's registered patent attorneys review and interpret every search, though the initial database search may be conducted by an experienced search specialist under their supervision.
Discover more insights and stay informed about the latest in intellectual property with Brealant's blog. From expert advice on trademark registration and patent protection to strategies for safeguarding your brand in a competitive market, our resources are here to empower your business.
Explore our blog to learn how effective IP management can strengthen your brand's position and protect your innovations
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