A Note On Search Requests
To insure an adequate and thorough search, the request letter should include the following at a minimum:
(1) The type of search desired.
(2) An adequate description, including drawings, of the device to be searched. This may include product samples or video if available.
(3) Indication of the specific feature or features which are of interest.
(4) An indication of the degree of urgency, and when a rush or specific deadline must be met, the reason therefore.
(5) Indication of importance, commercial situation, general magnitude of business involved, or other factors potentially affecting the scope of the search.
Search time may be more efficiently utilized if in addition to the information outlined above, the following information is supplied where available:
(1) Pertinent references known to the Attorney.
(2) Previous searches on closely related subject matter.
(3) In a validity search, details of product, since it may be possible to sufficiently narrow the scope of claims to justify a conclusion of non-infringement even if it is not possible to establish invalidity.
While it is admittedly impossible to establish any positive time limits in light of the wide variation in complexity of searches and in the amount of art to be searched, we have established some overall guidelines. Generally, an effort has been made to limit novelty searches to approximately one-half to one and a half days, infringement searches to approximately three days, and novelty and infringement searches approximately three to four days. However, in any infringement search, our searchers are instructed to cover all art in which there is any likelihood of finding infringed claims. When this requires exceeding the above suggested limits by any substantial amount, the matter is reviewed with the Attorney in advance of further searching.
If the requesting Attorney feels that the relative importance or lack of importance of a search warrants a variation from the norm, it should be indicated. In some cases, it may be possible to suggest a specific limit; in other words, merely that a longer than average or shorter than average search is warranted. Generally, adjectives such as "brief" or "rather extensive" are not particularly helpful in guiding the searcher. Amount of time is usually the best means of guidance.
Miscellaneous Matters
Specialized Patent Serivces is also available for the handling of any matters where the requesting attorney feels direct personal contact with Patent Office will facilitate the securing of information concerning status of application, procedures to be followed in particular situations, interpretation of rules, Patent Office practices, discussions with Draftpersons, etc.
Specialized Patent Services also obtains certified copies of applications for use in foreign filing, makes appropriate contacts with foreign embassies to secure legalizing of documents, can secure copies of file wrappers and patent copies and will generally act as a personal liaison between you and the government. Give us a call and we will be glad to help you today.
