Patent searches

Author
Discussion

ReaderScars

Original Poster:

6,087 posts

175 months

Tuesday 26th May 2015
quotequote all
Can a layperson determine whether they have a genuine claim for IP by searching Espacenet?

That is, if I think I have a novel use of an existing technology, are my search results likely to prove or disprove my claim to IP under legal scrutiny if required?

Or is it a case of - search myself, if nothing is found, then pay a patent attorney for a full and proper search - or could I save myself £xxx and do it myself?

akirk

5,377 posts

113 months

Tuesday 26th May 2015
quotequote all
not sure it is that simple...

a lot of IP / patent is interpretation - with a patent agent much of what you are paying them when they do a search is to get their liability insurance if the answer is wrong smile

you can however do a lot of work yourself - whether you can then rely on that in a legal situation is down to your ability to argue the legal case

a patent agent is simply a lay person with:
- experience
- training
- liability insurance

smile

ReaderScars

Original Poster:

6,087 posts

175 months

Wednesday 27th May 2015
quotequote all
That liability insurance is particularly attractive.

Katzenjammer

1,081 posts

177 months

Wednesday 3rd June 2015
quotequote all
akirk said:
not sure it is that simple...

a lot of IP / patent is interpretation - with a patent agent much of what you are paying them when they do a search is to get their liability insurance if the answer is wrong smile

you can however do a lot of work yourself - whether you can then rely on that in a legal situation is down to your ability to argue the legal case

a patent agent is simply a lay person with:
- experience
- training
- liability insurance

smile
Just to correct a few misunderstandings you might have:

Given the limitations of the patent databases, and also client imposed budget contraints and other factors, a professional patent search will be without liability. There will be disclaimers to this effect all over a search or the terms of business.

A definition of a "lay person" (sic) from wikipedia is: a person who is not qualified in a given profession and/or does not have specific knowledge of a certain subject.

Thus a lay person (sic) will by definition NOT have - experience, - training, - liability insurance.

Finally, if a patent agent is qualified and registered with the professional body, The Chartered Institute of Patent Attorneys, they most definitely will be professionals, not laypersons.




Going back to the OP, you can get a novelty search carried out by a professional patent searching firm such as Patent Seekers (http://www.patentseekers.com/ ) or RWS ( http://www.rws.com/services/patent-searches )

Many patent attorneys outsource searches to these or similar search companies.






ReaderScars

Original Poster:

6,087 posts

175 months

Monday 8th June 2015
quotequote all
Thanks for the in depth reply KJ - have gone forward with a patent attorney.

ReaderScars

Original Poster:

6,087 posts

175 months

Monday 8th June 2015
quotequote all
I think there's a couple - I'll wait to see what comes back to me before any other contacts are made. Thanks for the suggestion.

Katzenjammer

1,081 posts

177 months

Monday 8th June 2015
quotequote all
ReaderScars said:
Thanks for the in depth reply KJ - have gone forward with a patent attorney.
No problem. I too am am a patent attorney should you need any advice going forward, though I'm happy to hear you are sorted in that regard now.

Good luck!

kapiteinlangzaam said:
There is also a member here on PH called 'troc' who I believe is a patent lawyer. Might be worth emailing him.
I think troc is a patent examiner at the EPO. Them kats do know their searching though.

Edited by Katzenjammer on Monday 8th June 20:39