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[deepblue]

can some one advice me how much a prior-art search by professionals will cost? Just an opinion, not "freedom of action". Thanks.

[Bill Richards]

In my experience, a basic prior art search will cost between $700 and $1,000 depending upon the complexity of the technology.  (And, in some cases, the speed with which the search is requested.  If they have to drop everything to get to your search, it will be more expensive.)  Typically, the searcher will direct one to one or several references which he considers particularly relevant.  But, since many searchers are not patent attorneys, they will not give an opinion on the ultimate question asked.
Not sure what you mean by using "opinion" and "freedom of action" as mutually exclusive.  An opinion can be given, for example, on patentability or freedom-to-operate (FTO) (probably your freedom of action) and would be based upon a search.  The search, however, would be different.  If an FTO opinion is desired, the search would focus on patents that are currently in force.  If a patentability opinion is desired, the search would necessarily be expanded to include expired patents and any published or known material that would describe, teach, or make obvious the invention.

[GRS Research]

Bill is correct, depending on the technology and your delivery requirement, searches will run in the $700 to $1000 range.  Be aware of the "bargain" searches people offer though, they can run as little as $250 but typically cover just a quick review of the patent literature, no nonpatent literature.  As with most things, you get what you pay for.

Best of luck

[Prior_searcher-IND]

The prior art search of prilimary level may cost you about $350 if you conduct the same in India.

[franlorin]

can some one advice me how much a prior-art search by professionals will cost? Just an opinion, not "freedom of action". Thanks.

if you find a patent search firm, their cost may be higher than if you find a particular patent searcher - usually the patent search firm charges about 2-3 times what the contract searcher is paid (assuming that the search firm uses contract searchers) - that means that if the search firm charges $600-900 for a patentability search, the searcher only makes about $200-300

but finding a knowledgable patent searcher at a reasonable price is not all that easy

also, a patent searcher who is not a patent agent or patent attorney, cannot legally provide an opinion of patentability - instead, the searcher provides the information for the client to decide

plus, if you have already worked with a particular patent searcher through a search firm, you might run into problems of competition if you try to hire the searcher directly (this is usually explained in any Non-disclosure agreement or non-competition agreement between the searcher and the search firm)

take care, Fran

[Alan Harrison]

Not sure what you mean by using "opinion" and "freedom of action" as mutually exclusive.  An opinion can be given, for example, on patentability or freedom-to-operate (FTO) (probably your freedom of action) and would be based upon a search.  The search, however, would be different.  If an FTO opinion is desired, the search would focus on patents that are currently in force.  If a patentability opinion is desired, the search would necessarily be expanded to include expired patents and any published or known material that would describe, teach, or make obvious the invention.

I would not limit a FTO search only to existing patents - though that is a good way to start the search. In all likelihood, an FTO in any developed field will turn up one or more patents that may read on the proposed device. Then client-searcher collaboration will be needed to assess the potential problems and determine the necessity / value of further searching to invalidate or limit the claims of those references.

As a general note, be especially wary of a "patentability" search that turns up very little similar to your proposed invention. Also be wary of searchers operating outside their native language or technical expertise. I have seen one Indian search firm bill out 8 hours of work for a set of more than 100 patents, none of which addressed the client's proposed device more than tangentially; after 20 minutes I had obtained an expired patent that precisely anticipated the device.

Best regards,

Alan Harrison
Registered Patent Agent
Project Analyst
Nerac, Inc.

[Bill Richards]

Alan is right, any thorough FTO (or clearance) search and opinion must include an evaluation of validity of claims which read on the planned product, which would require additional searching.  Between that and the reliance, that's why such opinions are $$$.  (I've seen them easily hit $30,000.)  It all comes down to how much risk the company is willing to take and how much they're willing to spend.  The opinion language, of course, reflects any limitations on the work commissioned.

[Isaac]

Alan is right, any thorough FTO (or clearance) search and opinion must include an evaluation of validity of claims which read on the planned product, which would require additional searching.

I expect that you do what you have to do given some very real financial constraints.  If you find close enough patent art to indicate a high probability of invalidity and if your case for non-infringement is strong, isn't there a question of diminishing returns for further searching?  I agree that a patent art search isn't enough to show validity, but that isn't the goal of an FTO.

[Hear Hear]

So you think "outsourceing" a search to india would be a good idea..

From the view point of the Patent holder... finding some place in India..

EDIT: this is a kind of silly question.. the Patent Laywers will definately say

NO!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

[ThinkPatent]

Normally patent prior art search can cost around $ 400 – 800 depending on the complexity of the invention. Even though I agree that outsourcing prior art searches to India is not a good idea as the patenting phenomenon is quite new domain for Indian industry but there are people with outstanding command over patent prior searches, validity searches, freedom-to-operate searches and patentability opinion.

Patent Specialist & Analyst
Mumbai, India

[kchuah]

If the invention is Tangible item (gadget)
1)  Search yourself
2)  Use Affordable search company ($250) in US.
    They're pretty good. I had filed 8 patents.
     All of them are done by low cost search companies
     in USA. Currently, there are 3 reliable ones that I known of...
    One of them charge me $250 to search for E-    
   Business methodology. Took them 15 workhours in searching.  2 of them covered international search as well. So for $250, you get National and Foreign Search. A very good deal.