Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm News

The Benefits Of A Patent Search Are Worth The Cost

Author: Scarinci Hollenbeck, LLC

Date: May 21, 2016

Key Contacts

Back

No one would want to complete the process of applying for a patent only to find out that it has already been claimed.

Patent Search

There generally are two types of inventors: the individual inventor/small company and the large, corporate research and development (R&D) groups.

  1. R&D groups generally have a significant advantage over smaller entities because they are well-connected in the intellectual property community and they have ample capital.
  2. Individual inventors have to function with fewer resources and a smaller network of colleagues.

The good news for the individual inventor is that they can “level the playing field” with the use of a professional patent search.

There are dozens of companies that are dedicated to performing exhaustive patent searches for individual investors and small businesses. Because a searcher has access to the same proprietary databases as the US Patent and Trademark Office (USPTO), he or she can notify inventors of any previous iterations of the invention-otherwise known as prior art. Something is considered prior art if it consists of other patents, applications, or publications that have been published and are “out there” already.

A patent search adds an additional expense to the process, but it is one that is well worth it.

Evaluating a patent searcher’s report offers a glimpse into the mind of the USPTO and what a Patent Examiner is going to consider when reviewing an application. This level of insight can be invaluable given that most patent applications are denied the first time they are filed and you can know what the overall “patent landscape” looks like when drafting and prosecuting a patent application.

“Prosecuting a patent” is the term given to the sometimes long and arduous back-and-forth process between the inventor and the USPTO regarding what should be protected, how the invention is different from prior art, and the breadth of protection that should be granted. As the name implies, prosecuting a patent is a semi-adversarial process.

Boiled down to basics, prosecuting a patent often involves examining the components of an invention and asserting the uniqueness of one or more of those components. For instance, if an existing product is composed of components A + B + C, an inventor may successfully prosecute a patent using the components A2 + B + C. In other words, it is prudent to methodically develop the new, innovative variations applied to an established patent (A2 in this example).

Investing in a patent search helps inventors identify any potential problems they may encounter during the prosecution of a patent. Once the weakness is known, we can begin to focus on the solution, whether it be changing a component of the invention or using different language in the drafting process. It’s always good to know what is out there and what the possibilities are, and a search can provide that understanding.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Feedspot Names Government & Law Blog One of the Top Public Law Blogs post image

Feedspot Names Government & Law Blog One of the Top Public Law Blogs

FeedSpot Recognizes Donald Scarinci’s Government & Law Blog One of the Top 20 Public Law Blogs Little Falls, NJ – May 22, 2025 – Scarinci Hollenbeck, LLC is honored to share that Managing Partner Donald Scarinci’s Government & Law blog has been listed by FeedSpot.com as one of the “20 Best Public Law Blogs and […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Feedspot Names Government & Law Blog One of the Top Public Law Blogs"
Scarinci Hollenbeck's Ron Bienstock Speaks at 100th Bomb Group's 2025 Reunion post image

Scarinci Hollenbeck's Ron Bienstock Speaks at 100th Bomb Group's 2025 Reunion

SH Partner and 100th Bomb Group Foundation Legal Counsel Discussed The Nuremberg Trials and the Law May 21, 2025 – Little Falls, NJ – Scarinci & Hollenbeck, LLC is proud to share that partner Ronald S. “Ron” Bienstock recently spoke at the 100th Bomb Group Biennial Reunion, held May 15-18, 2025, in New Orleans. The […]

Author: Ronald S. Bienstock

Link to post with title - "Scarinci Hollenbeck's Ron Bienstock Speaks at 100th Bomb Group's 2025 Reunion"
FeedSpot Names Donald Scarinci’s Constitutional Law Reporter One of the Top 100 Legal Blogs  post image

FeedSpot Names Donald Scarinci’s Constitutional Law Reporter One of the Top 100 Legal Blogs 

Little Falls, NJ – May 1, 2025 – Scarinci Hollenbeck, LLC is proud to share that Managing Partner Donald Scarinci’s Constitutional Law Reporter blog has been listed by FeedSpot.com as one of the “Top 100 Legal Blogs.” No Aspect of the advertisement has been approved by the Supreme Court. Feedspot, a content reader that curates websites of […]

Author: Donald Scarinci

Link to post with title - "FeedSpot Names Donald Scarinci’s Constitutional Law Reporter One of the Top 100 Legal Blogs "
FeedSpot Names Donald Scarinci’s Government & Law Blog One of the Top 80 New Jersey Blogs  post image

FeedSpot Names Donald Scarinci’s Government & Law Blog One of the Top 80 New Jersey Blogs 

Little Falls, NJ – May 1, 2025 – Scarinci Hollenbeck, LLC is proud to share that Managing Partner Donald Scarinci’s Government & Law blog has been listed by FeedSpot.com as one of the “80 Best New Jersey Blogs and Websites in 2025.” *No Aspect of the advertisement has been approved by the Supreme Court of New […]

Author: Donald Scarinci

Link to post with title - "FeedSpot Names Donald Scarinci’s Government & Law Blog One of the Top 80 New Jersey Blogs "
Nathanya G. Simon Named to ROI-NJ Influencers "Women in Business" 2025 List post image

Nathanya G. Simon Named to ROI-NJ Influencers "Women in Business" 2025 List

Scarinci Hollenbeck Partner Nathanya G. Simon named by ROI-NJ to the “ROI Influencers: Women in Business” list for fourth consecutive year Scarinci Hollenbeck Partner Nathanya G. Simon has been named by ROI-NJ to the “ROI Influencers: Women in Business” list for 2025. After four decades of practice, Nathanya’s pioneering influence in the field of special […]

Author: Nathanya G. Simon

Link to post with title - "Nathanya G. Simon Named to ROI-NJ Influencers "Women in Business" 2025 List"
SH Partner Angela Turiano Named Director of Legislative Affairs for SHRM Princeton post image

SH Partner Angela Turiano Named Director of Legislative Affairs for SHRM Princeton

Congratulations Angela Turiano on appointment as Director of Legislative Affairs for SHRM Princeton April 17, 2025 – Little Falls, NJ – Scarinci & Hollenbeck, LLC congratulates Partner Angela Turiano on her appointment as Director of Legislative Affairs for SHRM Princeton. Along with serving as a member of SHRM Princeton’s leadership team, Angela will monitor pending legislative, regulatory, […]

Author: Angela A. Turiano

Link to post with title - "SH Partner Angela Turiano Named Director of Legislative Affairs for SHRM Princeton"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!