Patent Selector – Both Utility and Design

Let’s consider a patent search, which is an optional first step. Patent searches are very valuable if the invention is in a field that is well-developed, such as hand-tools or simple machines. For a lot of emerging technology, like blockchain or cannabis, patent searches tend to be less valuable. I recommend a patent search for approximately 2 out of 3 clients, as application drafting and patent prosecution benefit from familiarity with prior art.

Circumstances that would cause us to recommend skipping a patent search include:

• The inventor is extremely familiar with the field and related technology, has done independent research on the state of the art for the invention, or has previously commissioned a search. The inventor is fairly confident that my search will not return relevant prior art.
• Time is of the essence- we don’t have time to wait for the results. We must file something ASAP to establish priority, and we’ll figure out everything else after that. This situation is best handled by an abridged or concurrent patent search, followed by an abridged or full provisional application.
• You have a prepared provisional patent application already, and we only need to review and file it.
• You are in an area of emerging technology that has relatively little publication or patent activity. Blockchain, many types of software, cannabis and related tech, artificial intelligence are all examples of areas of technology where a search is unlikely to return relevant prior art, so the cost is not justified.
• You enjoy gambling with sizable wagers.

Circumstances that would cause us to recommend skipping a patent search include:

• The inventor is cost sensitive. In most cases, a patent search reduces total cost and total risk. The common exceptions to this principle are listed above.