Guides

Is my invention already patented? How to check (2026)

Short answer: you can't prove an idea is unpatented, but you can find out quickly whether close prior art exists. Here is the order we recommend.

1. Search the free databases yourself (1-2 hours)

Use Google Patents and USPTO Patent Public Search. Search for the function ("folds inward so the wet side is enclosed"), not your product name. Try 5-10 synonyms. Read claim 1 of anything close.

2. Check the classification codes

Open a close patent, note its CPC codes (e.g. A45B), and browse other patents in that code. Many matches use words you'd never guess.

3. Remember: patents protect combinations

"A smart water bottle" isn't what's patented; a specific combination of features is. Write down your 3-5 key features and check each against what you find.

4. Get a first-look landscape if you're short on time

Our report searches 9.7M US/WO patent families, then charts the 10 closest against your features with quoted text. It's a fast, cheap first look, not an exhaustive or legal search.

5. Before you file, talk to a professional

If the landscape looks clear, a registered patent attorney or agent can run a professional search and give a patentability opinion.

More guides

• How much does a prior art search cost? 2026 price guide
• Should you do a patent search before filing? Yes — here is why
• How to do a patent search yourself: step-by-step
• Patent search before a provisional patent application
• Free patent search vs paid prior art report: what’s the difference?
• Can I sell a product without a patent? (and the risk to check first)