Direct-Hire Professional Search
If you want to save lawyer fees and mark-ups, consider going directly to a patent search firm. Searchers are best found through inventor grapevines, inventor associations, or university intellectual property departments. In larger cities, you can also check the Yellow Pages under "patent searchers." But be careful not to fall into a trap set by some disreputable invention marketing organizations. They list themselves in the phone book under "patent searchers" with a toll-free number. This is another way they hook unsuspecting inventors into service contracts. Get all the facts up front. Some reputable searchers ask for money up front if they don't know you. This is understandable. Just be sure you get the cost of the search beforehand, and get—and check—references. The cost to search a utility patent in the Washington, D.C., area runs between $500 and $1,000. It is roughly $100 per hour for a competent search. Once the search has been completed, if you want to obtain an opinion on the patentability of your invention, add the cost of your lawyer. If you need to show a prospective licensee that your invention has a good shot at a patent or that it's unlikely to infringe on an existing product, a letter from competent patent counsel may do the trick.The Average Cost to Patent an Invention
No entity that works professionally with the patent process publishes any average of the cost involved in patenting an invention. The U.S. Patent and Trademark Office simply publishes a list of the office fees, while the magazine IP publishes some ballpark numbers qualified with pages of discussion and the law firm Oppedahl Patent Law throws out a few numbers. state that an invention's complexity greatly determines the cost of the patent process.The Do-It-Yourself Patent Search
If you decide to do the patent search yourself, you have several search methods available: The USPTO (United States Patent Trade Office) Public Search Facility. The USPTO operates a Patent Public Search Facility located in Alexandria, Virginia. Here every U.S. patent granted since 1790 may be searched and examined. Many inventors like to make at least one pilgrimage to the Patent Public Search Facility. It's located fewer than 15 minutes from National Airport by taxi; Metro Rail serves it off the Blue and Yellow lines, King Street Station; and several hotels are within walking distance, so it's easy to get to and around.Why is classification so important?
While it is possible to search patents using keywords, the best way to conduct a comprehensive patent search is by classification. Classification helps bring together similar devices and concepts, even when different terms have been used to describe them. When a device is truly new, terminology is not set. For example, before personal computers a mouse was nothing more than a rodent. The inventor of the first "Computer Input and Display Control" would not have found related devices by searching the keyword "mouse." A classification is used both as a tool for finding patents (patentability searches), and for assisting in the assignment of patent applications to examiners for examination purposes. Classifications have definitions. Classifications have hierarchical relationships to one another.How difficult is a patent search?
Conducting a thorough patent search is difficult, particularly for the novice. Patent searching is a learned skill. A novice in the United States could contact the nearest Patent and Trademark Depository Library (PTDL) and seek out search experts to help in setting up a search strategy. If you are in the Washington, D.C. area, the USPTO provides public access to collections of patents, trademarks, and other documents at its Search Facilities located in Arlington, Virginia. It is possible, however difficult, for you to conduct your own patent search.