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   Practice doing prior art searches
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   Author  Topic: Practice doing prior art searches  (Read 2243 times)
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Posts: 3472
Re: Practice doing prior art searches
« Reply #10 on: Oct 9th, 2006, 11:01am »
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on Oct 9th, 2006, 9:51am, Emporer Wears No Clothes wrote:
Typical law firm pecking orders stand in the way of that candid advice.

While I agree that there is a possible conflict, I would respectfully disagree that it is the typical practice not to give candid advice.    
Firms working for clients from which they expect repeat business cannot operate in the way you describe.   My experience with working for a firm catering to small clients including independent inventors is that I was free to refund money even for clients who decided to file an application after having a search conducted.  
I don't know what everybody does, but the practices you describe are not universal.   Many discussions of the conflict you describe start off assuming that they are which I think explains why the discussions devolve into denials.
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Posts: 843
Re: Practice doing prior art searches
« Reply #11 on: Oct 9th, 2006, 11:20am »
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To build on what Isaac wrote, I've used the same auto mechanic and the same physician (different persons) for about ten years.  
Arguably they have similar conflicts of interest as a patent practitioner, i.e. they can advise more expensive work than required.  Why don't they?  Some little things such as ethics, honesty, and long-term self interest motivate them to do what is best for me.
Now don't get me started on that guy who worked on my roof a few years ago ...
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Richard Tanzer
Patent Agent
Emporer Wears No Clothes
Re: Practice doing prior art searches
« Reply #12 on: Oct 9th, 2006, 11:41am »
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I've worked for four firms. Three of the four work in the fashion I've described.  I feel clients are a bit remiss in holding their representative's feet to the fire when rosey advice has lead to a trail of thorns.
Upon final rejection, a year or more after the search, we can always blame the alleged incompetence of the Examiner ... er, make that, we DO ALWAYS blame the alleged incompetence of the Examiner. Then we move onto the subject of RCE's and appeals ... further expenses ... nobody seems to get around to questioning the forgotten advice regarding the search. In the end, it's the client who decides to let the case die. So, in the end, the client is responsible for the defeat.
No particular client ever holds a view of these issues over many particular searches. I and others hold that view through working for many clients, but we can't go into specifics ... it's confidential ... and the beat goes on. Ok, what the heck, I see the Emporer's clothes now ... after all, my mortgage payment is due. Anybody need a patentability opinion?
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