Overview

Conducting either a cursory or professional search before filing a patent application will allow tailoring of the patent application in view of the documents raised by the search. These documents are likely to be cited during examination and an alleged infringer may also raise the documents in court.

Search Limitations

It is important to recognise that all searching is based on keywords and patent classes. Therefore no search can be considered to be fully conclusive. Also, patent applications are often only searchable by title before publication. Publication may occur more than 18 months after first filing an application.

One example of a patent search is provided by ITS searching services (requires Internet Explorer). While this example is a simple one, it does serve to illustrate why patent searching in an expert discipline.

Cursory Searches

If a cursory search is performed at least the US database and European database should be searched using the links provided below. The Internet should also be searched to determine whether similar products are already on the market. 

Cost

Professional search firms often use commercial databases such as Derwent. A professional search firm in Australia may charge between A$3500-$5,000 or more, depending on the requirements of the search.   A cursory search using commercial databases generally costs about $1500.  If you would like us to assist in reviewing  the search results, further charges will apply.

The decision whether to perform a professional search before filing an application depends on all the surrounding circumstances including the likelihood of the commercial success of the invention.