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[Xdim]

I like the "foundation to a house" analogy to the importance of the initial strategic approach in patent application to its long term effectiveness as a legal document. I understand a "good search" may be the foundation of the foundation.

My question is - How to do a good search? - What are all the "stones need to be turned"?

I am new to this forum, so if my question(s) has been asked/discussed before please kindly point me to the link. Thanks.

[NV]

Xdim,

More than calling it a 'good search', better way to put it, may be an 'exhaustive search'. Although there is no one tool for conductive an 'exhaustive search'.

You need to streamline your search keeping in mind what exactly are you looking for in the search results.  

You may locate a list of keywords relevant to the disclosure and conduct a 'keyword search'.  This can be performed using a number of permutations and combinations of the keywords. Such a search may be connected to various sections of the specification for boiling down to relevant documents.

A 'classification search' may aslo be conducted by locating the relevant class in which the technology falls.  This would give a list of documents which may then be narrowed down.

Regards,

[CriterionD]

Well, exhaustive isn't always good, if you're not looking in the right place, it won't matter.  The more exhaustive a search the better, but a good searcher will certainly be more efficient than an amateur.  

Also, to note, it is certainly possible to combine classifications searching and keyword type searching.  Basic keyword searches can be almost useless at times, and I don't think it is ideal at all nowadays to depend solely on classifications.  A good, educated boolean search can turn up well qualified results and can help point you in the right direction fast.  The USPTO's search interface allows some fairly complex boolean searches (though they can slow down the server, however, at least as of the last time I tried).   Freepatentsonline.com, thats a site I haven't tried out but it seems to be user friendly and offers some search features that exceed the USPTO (and this site also allows you to search through patents using Google - just add 'site:freepatentsonline.com' to your search string).  Delphion meanwhile, if you are a paid subscriber, allows for the creation of some insanely complex boolean searches and allows you to do more with the search results - (I would highly doubt that the average Delphion user gets as much out of the site as they could if they put their mind to it).  Micropatent is probably similar, and supposedly allows you to search the text of patents issued before 1970. I do not have experience with Micropatent.  

Tips for developing patent search skills....I would say...just become familiar with the classification listings on the USPTO's site (at the least, ideally it helps as well to become familiar with IPC and ECLA classifications too)

found here:

http://www.uspto.gov/go/classification/

Become familiar with using the boolean search operators utilized by whatever site you are using to conduct searches.

Become more familiar with common patent terminology and structure, so you get a better idea of what you should generally be looking for.

You get better with experience.  

Edited to add: since it hasn't been mentioned yet, once you locate relevant patents, 'reference' searching can be an easy and worthwile task to help ensure a more thorough search.  Most patents reference similar prior art cited by the examiner (and some even summarize prior art within the patent's text).  You can also search the USPTO and other engines pretty easily to locate forward references as well.

[JSonnabend]

since it hasn't been mentioned yet, once you locate relevant patents, 'reference' searching can be an easy and worthwile task to help ensure a more thorough search.  Most patents reference similar prior art cited by the examiner (and some even summarize prior art within the patent's text).  You can also search the USPTO and other engines pretty easily to locate forward references as well.  

That's the key right there.  Once you "crack the nut", the information generally flows.  I've found it to be true of legal research in general, not just in prior art searching.

- Jeff

[GRS Research]

I'm assuming that you are searching both issued patents and published patent applications, another area that should not be forgotten.  

Re. published applications specifically, and a comprehensive patent search in general, there is the 18 month "Black Hole" in which a relevant application may have been filed but is not available to the public for 18 months. I always disclose this to my clients letting them know that there may exist some "spot on" prior art out there that we just can't get at.

[Xdim]

Thanks for the good discussion.

I am aware of a number of resources out there for patent search. Some are free while others are not.

My question here is - What is/are offered in the "not-free" resources that the free ones don't have? - is it some better searching tools, or is it some more complete database? Another way to put it - can one do an equally good/exhaustive/thorough search using the USPTO website alone without other "not-free" resources? (what about foreign search?)

[CriterionD]

My question here is - What is/are offered in the "not-free" resources that the free ones don't have? - is it some better searching tools, or is it some more complete database?

Foreign patent databases are made available for search on the pay sites (Delphion/Micropatent at least).  Now these are databases that are generally available on the web freely as well (at least the most meaningful ones), but searching in one spot is easier.  freepatentsonline.com does allow some foreign patent searching.

The pay sites also also give you better search tools, make it easier for you to browse through the search results, and extract information from the results.  (As a disclaimer, I have never used Micropatent)

Anyways you can use free resources to do an equally exhaustive search, generally, or at the very least, close.  It just isn't as efficient - it can take longer.  But if you are a beginner and don't plan on making a career or hobby out of patent searching, its very possible that the pay sites are not worth the money, in part just because you'll only get so much out of them until you are more familiar with them anyway.  

One last note, as far as US patent applications are concerned, in my opinion strict classification searches should be given less weight.  This is just because many published applications are more likely to be classified incorrectly, or at least inconsistently, compared with issued patents.  

[Bill Richards]

I have used both Delphion and Micropatent and find Delphion easier to use with better technical support.  System-wise, Delphion seemed to be more stable.

[franlorin]

I like the "foundation to a house" analogy to the importance of the initial strategic approach in patent application to its long term effectiveness as a legal document. I understand a "good search" may be the foundation of the foundation.

My question is - How to do a good search? - What are all the "stones need to be turned"?

I am new to this forum, so if my question(s) has been asked/discussed before please kindly point me to the link. Thanks.

it looks like I missed a good discussion on this topic, doing patent searches and writing a patent application, and supporting prosecution - sorry I couldn't post then

Xdim: you might want to visit: siberkhem.com for information about patent searching and application writing

take care, Fran Lorin