Do I Really Need To Pay For A Patent Search?

“My attorney suggests a patent search, but I couldn’t find my idea anywhere. Do I really need to pay for the patent search?”

YES! (usually).

Once you have decided that you want to move forward with protecting your idea or invention, a patent search is advised to make sure that you are wisely spending your money. Preparing a patent application is an expensive endeavor, and the patent search is at least some insurance that it is going to be money well spent.

As indicated above, a professional searcher has tools available to them that they must pay to access, which allows for a more thorough patent search than is available to the inventor. Patent attorneys typically have a professional searcher perform the search, as opposed to the attorneys themselves. This approach is preferred because the searcher only does searches and is far more likely to find those hidden documents that could make the difference between getting a patent and not getting a patent.

Once the search is completed, the patent attorney will review the findings and provide you with a patentability opinion. The opinion indicates the attorney’s belief as to whether or not a patent is feasible. The patentability opinion may further provide some specifics as to distinct differences seen between your invention and what the prior art teaches.

Occasionally an inventor will have an idea that is so out there or is so completely within the realm of the inventor’s field/employment that the search has less value – but these are rare circumstances. Even when this is the case, the results from a patent search can assist the attorney in focusing or broadening the initial claims of a patent application in a way leading to better protection when the patent issues. You are nearly universally advised to obtain a patent search and patentability opinion.

A Real-Life Example About Why You Should Not Skip A Professional Patent Search

Yes, we know that you have done some extensive searching, and your idea just doesn’t exist anywhere else, which is why you are meeting with us. But, I had a client once come in who claimed to have searched to the point that he had looked at 3,000 plus patents. He proceeded to write me a check for several thousand dollars and told me to go ahead with the patent application; he did not need a search. He left the office, and one of my staff members thought, “Hey, this seems familiar.” The staff member searched and found the exact same idea within 5 minutes. We returned the check to the client.