Saturday, December 8, 2012

How to Perform a Patent Search


There are two main arms of patent searching: search skills and technical knowledge. A quality search requires the expertise each of these areas. Often it is impossible for the innovator to complement his technical expertise with sufficient search skills. Thus, the innovator is required to hire an outside organization to help with the search.

Lack of foresight in the process of filing for protection of your intellectual property can be costly. One should be sure to embark upon the process with careful attention to details from the first step, the patent search. Patents are high stakes, high value, and high liability. Thus careful consideration is recommended when delegating the individual patenting tasks.

When starting a technology-based venture, or trying to protect your invention, the wisest approach is to hire a professional searcher or search firm to perform a quality patent search. A good patent search can determine whether the invention is novel, or whether it infringes upon any existing inventions. It can help the inventor or assignee avoid potential lawsuits; it may even provide information regarding competitors and the current state of the art.

A common mistake is for a technology-based venture to attempt its own patent searching or to hire a patent law firm for the searching process. Both methods (internal search, outsourcing to a law firm) are very risky. A less than adequate search can result in your patent becoming essentially worthless, or worse yet, a liability.

It is a common misconception that hiring a law firm for a patent search is safe. It is not. Law firms specialize in prosecution, not searching and thus, are relatively weak at searching. Further, their hourly rates are too high. Why pay top dollar to a law firm that is less experienced than professional search firms? The appropriate route for a venture to start the patenting process is to delegate the patent-related tasks to respective experts in the field: Patent searching should be delegated to patent search firms such as Landon IP, and patent prosecution should be delegated to patent law firms.

Do not risk expending resources on a bad patent, which would deem your invention worthless and possibly put your business at risk for infringement lawsuits. Patents are high stakes, high value and high liability. Protect yourself! To perform a patent search, hire a professional search firm.

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