Patent Attorney and Founder
Hi everyone my name is JD Houvener your hosts of the bold today’s show were you the inventor entrepreneur or business owner get your daily dose of inspiration so you can make the world a better place we’re here in our 10 part series this is part 2 looking at the patentability search opinion and digging into a little deeper into all your options when you get ready with your invention you’ve done all those you’ve gone through the pre-filing considerations you’ve read the book you’re serious by your invention what is the next step when you’re ready to do a search so yesterday we talked about your option of course to not do a search at all and whomp-whomp that didn’t really turn out so well today we’re going to look at the next best option which really is far from the actual solution but it’s to do a search on your own ok it’s better than nothing but I want to go through the same criteria with you to really think through if doing your own search is the right thing for you to do let’s start out looking at eligibility and patentability by doing a search on your own assuming you’re not a registered US patent attorney you’re just not gonna know the law you won’t know 35 USC 101 102 or 103 and even if you were to go read through the law we really having a thorough understanding of cases that are being decided recently and looking at the the nuances of patent eligibility it’s quite a chore it’s something that a professional spends their entire career doing and it’s just not going to be easy to discern once you look at the results if you go Google or Bing or go hop on the patent office a website USPTO govt while it’s a great start you know don’t get me wrong doing a search on your own is fantastic and it’s often times where I recommend to people if they’re not sure they’re ready to make a decision to hire us but it shouldn’t be where it stops right that shouldn’t be where you you know say up that’s good enough I’m ready to file you know you would want to go much further because you haven’t answered that question on the legal side is this patentable is this novel non-obvious and does it have utility under the technical terms of the law let’s take a look at your time you know as an inventor you’re busy right you’ve got you’ve got to start a business or a new baby we’ve got a new R&D research project you’ve got to move this product create the prototype right move it into the market you probably you know wasting your time doing a search trying to learn how to do patent searching is likely not the best use of your time you know your time is best spent where you have strengths and you as an innovator as an entrepreneur your creative mind right and so I think your time we better spent being creative coming up with the next best thing or improving your invention to the point to where you say yes this is ready for the market certainly money okay so money time is money in this sense and if you spend you know 10 hours on your instead of on your business but you spend it looking through the Patent Office website learning how to do a patent search going through the arduous process of starting that it’s it’s money out the door right you’re your instead and your sort of opportunity cost is spent doing something that is not a strength of yours when you look at things like you know long-term value doing a search purely on your own and trusting that it’s going to be a very big issue when it comes to prosecution prosecution is a fancy word for when the examiner or the patent examiner does their own search and you have to know that the examiner that’s all they do all day long is look at inventions in your specific technology area it’s their job to prevent you from getting a patent if the invention is not new they’re gonna search worldwide covering countries that have publications and newspapers journal articles academic reports and just media right any kind of publication that’s translatable into the English language it will be found and so by having a search done ahead of time that is equivalent to that examiner search having a patent attorney do that as we’re going to talk about later is a much better alternative than you trying to do a worldwide search to try to be patil proactive and having that done ahead of time so hope you’ve thought about you know finally doing your own search and that you’ve thought about some of this feedback and if you’d like to move forward and have a professional handle your search go ahead and give us a call at [Music]
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