It is recommended that an applicant perform a prior art novelty search before investing in the expense of a patent application. A search can be performed by an applicant on the Internet using any one of a number of patent databases. If the applicant locates one or more pertinent patents, those patents should be cited to the USPT0 in an Information Disclosure Statement filed concurrently with the patent application or shortly thereafter. Prior art patents will also help the patent attorney write the claims of the new patent application so that they do not read on the prior art.

A novelty search can be obtained through Bruce & McCoy which uses experienced professional searchers. The cost is generally between $500 to $750 depending upon the art classification. Mechanical designs are generally less expensive to search than electronic devices or chemical composition patents. The search usually takes 2-3 weeks.

To obtain a search, an applicant must submit pictures or drawings (sketches) of the invention by mail to Bruce & McCoy with an adequate explanation thereof so that the searcher can properly conduct the search. See the submissions information page hereof and fill out the following applicant's prior art search information sheet. It must accompany the disclosure submission.

Sending the disclosure by e-mail is not efficient at present. Payment of the retainer for a search can be by certified check in the amount of a $500 retainer. Applicant will be billed for the additional cost, not to exceed $750 total, when the results of the search are received and before the results are sent to the client. Alternatively, the applicant may send a $750 retainer and receive a refund along with the search results and thereby save time.

Prior art novelty searches are not perfect although the professional searchers are excellent. The result in any event will just be a sample of the relevant prior art. With millions of United States and foreign patents available to the Patent Office Examiners, it is unusual for both a searcher and the patent examiner to select the same patents as the most relevant prior art. However, they often select one or more of the same patents. By the applicant citing the best known prior art in an information disclosure statement, filed with the patent application, the examiner will often base his rejections on those references, and the applicant's attorney can anticipate those references in drafting the patent application claims.

An applicant can save the expense of a search and allow the USPT0 Examiner who is assigned the application, when it is filed, to do the work, but it prevents the applicant from evaluating the risk of investing in the cost of the patent application.