Should I do a patent or novelty search?

April 2, 2015


The usual legal answer is "It depends".  Keep in mind why a search is done.  Searches provide information to the inventor and attorney regarding what others have already thought about, are doing, are using, or have patented.  It provides information to you about what is out in the world.  Some clients choose not to do them.  Some clients always do them.  We have obtained patents for both.  Consider these in helping you determine if it is necessary: 

  1. The level of expertise and knowledge you have in the technology;
  2. How revolutionary the invention is; and
  3. What your comfort level is. 

The ability to obtain a patent is not gauged by what is out on the market, it is determined by what has ever been conceived and disclosed since the dawn of time.  No search will turn up all the applicable art used by an Examiner.  But they are useful and will not hurt you.  Search results assist attorneys in drafting the application to avoid complications during prosecution.  We always recommend doing a search before filing a non-provisional patent application.

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