Legal Question in Intellectual Property in California

When a product development company has a attorney conduct a patent search and the attorney sends a letter stating they found 3 similar patents and states that they recommend you file for a provisional patent, how can you verify that they conducted a search and to what extent? Is their a receipt so to speak that a search was conducted? What can they show as proof besides a letter stating that they conducted a search?


Asked on 2/13/11, 6:49 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

If this product development company is working for you, and you are paying them for services, you have a right to know all this. Get of the phone and call the attorney and ask what he did and what he found out. Ask for all the details. Write it all down. Then ask for the details again, in writing. If the written details then received are lacking in any respect, ask again and again. If there's anything in the answer that you don't understand, ask for a written explanation, and if necessary, ask again. Pound on them for clarity and completeness. If any question remain, pound on them again. And again. They are working for you. You need to demand transparency, clarity and usefulness in their responses. You are an inventor, not a lawyer. Get answers that satisfy you as an inventor.

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Answered on 2/13/11, 9:05 pm
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I agree with the other attorney answer. Usually there is a hard-copy from the database and notes. The searching attorney should be able to provide these, along with his or her written narrative. Consult with a good intellectual property or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 2/15/11, 7:12 am


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