Re: Re: I have had a search done...

Subject: Re: Re: Re: I have had a search done...

Comments:
: : : and it was reported that while my exact invention is not in the prior art, one of its required features was previously patented as part of another broad device and thus my idea is probably not patentable in any broad way. My question is "What kind of search do I have done to determine my exposure should I proceed with production and sale without a patent." I have attempted to answer this myself via uspto searches but am not confident that I can truly uncover all the toes upon which I may step. I have seen the term "Clearance Search" is that the appropriate term? Is this a more expensive search than the patentability search? : : : Thanks. : : Dear M. Francis, : : You need a professional analysis of the search for both patentability and right to use and possibly a follow up search to better understand the state of the art and what it means to your invention. : : M. Arthur Auslander : : Auslander & Thomas-Intellectual Property Law Since 1909 : : 505 Eighth Avenue, New York, NY 10018 : : 212-594-6900, fax 212-244-0028, aus@auslander.com : : ELAINE's Workshop™ : : E arly L egal A dvice I s N ot E xpensive™ : Expect an Infringement Clearance search to cost between 2-3 times what you paid for the original search, all else being equal. This is because the searcher has to read the claims of the patents that are still in force, which is very time consuming. Whether you can do this yourself depends on whether you feel that you can properly interpret patent claims. Make sure the searcher also reviews the expired patents (if you only ask for an Infringement search they may not). By all means get a legal opinion, but bear in mind that the person who did the original search will have been looking only for disclosures in the main body of the patent (the specification) and won't have read the claims to look for possible infringement. Unfortunately it is entirely possible for a patent showing a different invention to have claims that are worded so that they can "read on" your invention. You say that one of the features was previously patented. You probably need to get an opinion on whether you would infringe that patent. If you would, then you can't proceed, but if not, then you would need to get an infringement search done.

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