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I have an Invention ... Now What?
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   Invention Promotion Companies
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Wiscagent
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Re: Invention Promotion Companies
« Reply #5 on: Jun 23rd, 2006, 4:25pm »
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No.  The way the system works is this.  Although it is generally advisable, the inventor is NOT required to do a search.  IF a search is conducted, and if some prior art reference is found that appears to raise question of patentability*, then the inventor is required to provide that reference to the patent office for their consideration.
 
*“Each individual associated with the filing a prosecution of a patent application has a duty of candor and good faith in dealing with the Office, which includes a duty to disclose to the Office all information known to that individual to be material to patentability… “  37CFR1.56
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Richard Tanzer
Patent Agent
mike
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Posts: 49
Re: Invention Promotion Companies
« Reply #6 on: Jun 23rd, 2006, 6:49pm »
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OK, say I conduct a prior art search and do not find any prior art that will discourage me from filing a patent application.  
 
I file an application and I list the prior art that I think is relevant. It seems that the examiner would verify the prior art references that I listed and also conduct a prior art search so that the USPTO would not issue a patent unless they were certain that there was no prior art.....at least within their abilities. (which should be as good as any).  
 
Please Advise
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Wiscagent
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Re: Invention Promotion Companies
« Reply #7 on: Jun 24th, 2006, 1:09am »
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Mike -
 
That's basically correct.  I would point out that there is always "prior art".  The problem from the applicant's perspective, is prior art that results in a rejection of a claim.
 
Richard Tanzer
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Richard Tanzer
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wallflower
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Re: Invention Promotion Companies
« Reply #8 on: Jun 24th, 2006, 1:16am »
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Quote:
OK, say I conduct a prior art search and do not find any prior art that will discourage me from filing a patent application.  
 
I file an application and I list the prior art that I think is relevant. It seems that the examiner would verify the prior art references that I listed and also conduct a prior art search so that the USPTO would not issue a patent unless they were certain that there was no prior art.....at least within their abilities. (which should be as good as any).  
 
Please Advise

 
I'm not exactly sure what you mean by "verify," but I believe the Examiner should look through your IDS references for relevant prior art.  Issued patents are presumed to be valid.  And that presumption is particularly strong over references that were before the Examiner during prosecution such as those cited in the IDS.
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mike
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Re: Invention Promotion Companies
« Reply #9 on: Jun 24th, 2006, 6:17am »
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Does the USPTO examiner also conduct a search for relevant prior art ?
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