How much does a typical patent search cost?

How much does a typical patent search cost?

There are a multitude of patent search firms in the market place ready and willing to conduct patent searches for patent law firms and inventors. When using the services of a search firm, your search results will depend alot on who  is conducting your patent search. Selecting a searcher involves a number of factors, in addition to cost. Most importantly, you should consider the searcher's training to conduct searches, his understanding of the law as it applies to what constitutes a prior art reference, the best available search tools for a particular subject matter and objectives of the search, experience using the particular search tools, does search include a review of more than U.S. patents, understanding the classification system and particularly rules governing their application to an invention (especially important where two classifications appear to be relevant with one class  superior to the other class, e.g., Classes 424 and 514 for drug formulations), ability to identify one or more  examiners having knowledge of the art to be searched for purposes of obtaining information as to where it is best to conduct a search, and experience conducting patent searches. Good searchers typically have at least about five or more years of hands on experience.

If you are in need of a Freedom to Operate search, the expertise of the searcher and the searcher's understanding what it takes to conduct a comprehensive and meaningful search that will provide the results needed for making important business decisions. A searcher who suggests usage of "key terms" in this type of search will, in most likelihood, omit relevant patents in the results that may be directed to one or more features of the invention, especially if claims define that feature in terms of its function, or properties. The only way to conduct a Freedom to Operate search is to review the claims of all unexpired patents in those areas where the patent is classified.  In order for the searcher to be able to identify all relevant patents, It is important that a searcher have the appropriate legal training in the law as it applies to questions of infringement, novelty and "obviousness" and sound training in claim construction.

With regards to costs, a highly skilled searcher should be able to conduct a meaningful patentability search, including the identification of relevant patents as to anticipation and/or obviousness, for about $400 to $800, for most consumer products.
 


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