And the questioner wrote back:
Thanks for the responses. This is a topic I've been curious about for a
while and even contacted one of the patent search companies at one time
inquiring as to how they could do a thorough patent search and offer
patentability opinions at cost so much lower than what I understood to
be the cost of hand searches. The response was that they have
catalogued everything in the USPTO on their databases and feel that they
can do at least as good of a job, if not better, with computer searches
(I don't know if they use keywords or whatever) as someone doing the
physical search. When pressed on the cost issue, the response was that
they offer the search services as a "loss leader" in order to open the
door for the possibly more lucrative patent work. An interesting, and
somewhat candid, response.
But, that left me with the question, if this theoretically more
efficient method of doing searches is "better" then why do patent
practitioners not use it more often in their practices. The answer from
the patent search service person who I started a dialogue with (an
attorney) was that the more expensive hand search method used by large
firms was used because "that was the way they've always done it." I
gave some credence to this response as I know in my own practice area
there are many things that we do not because it is the best or most
efficient solution but it is the one that the lawyer has become the most
comfortable with. I had first approached the cost of a patent search
with a colleague of mine who works for XYZ Firm who told me that they
typically charge in the thousands for patent searches. That led to my
curiosity about how the online services, if they are on the level, can
offer the "same" service at such a reduced rate and eventually led to my
questions to you.
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