What is the best way to do a Patentability Search?

What is the best way to do a Patentability Search?

Should an inventor just pay an external firm like Cardinal to do this  on his own? (instead of paying a standard IP firm who may outsource it  to companies like Cardinal IP)


There  is a case to be made for the efficiency and value realized when a  patent search is conducted by the inventor or search professional  directly. It can be the first "hurdle" an invention must pass prior to  forwarding a disclosure to outside counsel and filing an application.
 

2. What is the average hourly rate for doing patentability search?


$2,000  seems high. Dependent upon the technology, complexity, scope,  deliverable, etc., I'd say: $400-$500 for simple mechanical; $500-$600  for electronics; $750+ for business method/software.

That said, a great patent search rest on three pillars: experience, scope and focus. No matter the provider, if your search is conducted with attention to these three elements, you can have confidence in the results.

1) Experience. Be it your in-house R&D team, a search firm, patent agent or attorney, make sure she has a depth of experience with your innovation's technology. Experience informs the development of an effective search strategy with the appropriate lexicon and most relevant resources to target.

2) Scope. Make sure the search covers the full breadth of your invention. A single medical device can span any number of technologies: sensors and monitoring, software, wireless, telemetry, diagnostics and pharmacology. Also, don't be "penny wise and pound foolish" thinking you've completed a patent search when the non-patent literature was not reviewed; budget conscious providers may limit their coverage to a USPTO search.

3) Focus. To focus on a goal, locating relevant prior art, there must be understanding. Does the searcher fully grasp your invention? Understanding can only come from communication, you have to talk with the searcher, clearly explaining your invention's elements of novelty. A great search will focus on the target and deliver relevant results.


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