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When lawyers do a patent search, what tools do they use?

Discussion in 'Copyright, Trademark, Patent Law' started by manuscope, Dec 8, 2016.

  1. manuscope

    manuscope Law Topic Starter New Member

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    Jurisdiction:
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    I found a patent lawyer and spoke to him on the phone regarding my patent. While talking about fees, I mentioned that his patent search fee was a bit expensive but he said based on my knowledge and personal search which seemed in-depth, we would not need to include this fee. He will also do a few check before we proceed.


    My question is if he doesn't do an "extensive one" is it possible that my patent already exist and he lazy? Does he really doesn't care if the patent passes? What is preventing a lawyer to accept all patents ideas from clients regardless if he thinks it will pass or not?
     
  2. ElleMD

    ElleMD Well-Known Member

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    If you want to avoid that possibility, pay him to do the search. There is never a guarantee that a particular patent will be granted. The lawyer's job is not to someone guarantee it will pass muster, just that the appropriate steps to request one are followed according to the law.
     
  3. manuscope

    manuscope Law Topic Starter New Member

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    Understood...but before google came out with Google Patent and Scholar, most users would not be able to do a proper search based on USPTO. Would require adding the ID code which was not easy for many users. Now a days, its pretty easy to do a search with Google. Don't most lawyers use Google to do their search? Do professional patent searchers use other platforms?

    Before google came out with Google Patent and Scholar, most users would not be able to do a properly search based on USPTO. Would require adding the ID code which was not easy for many inventors. Now a days, its pretty easy to do a search with Google Patent and Scholar. I would think that most lawyers and inventors would just use Google. Or do professional patent searchers use other platforms?


    Lastly, if I searched about 20 to 30 pages which had about 10 different patent enough of a search? Is this considered a lot, enough, or little? For me, I have done about 20 to 30 pages for about 5 key words ... so totaling 100 pages or 1000 patents. What would be the amount of search a lawyer do for normal, and "extensive" search.
     
    Last edited by a moderator: Dec 9, 2016
  4. ElleMD

    ElleMD Well-Known Member

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    You would have to ask each attorney separately what tools they use. there is no one size fits all answer. Hoe exhaustive the search must be is going to vary widely based on the nature of the patent.
     

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