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Why companies often outsource patent research

On Behalf of | Oct 9, 2024 | Patent Law

Patent prosecution is a complex, multi-stage process that requires a careful balance of speed and precision. First, organizations need to develop concepts or products that could be eligible for a patent. Then, research to make sure the concept does not infringe on a pre-existing patent must occur.

Patent applicants frequently hire outside intellectual property professionals to perform this in-depth, difficult process. The professionals assisting with the patent research process can also help with the prosecution of the patent application after validating the originality of a concept.

Why is it so common for businesses to outsource research into existing patents?

Patent research can take months to complete

The United States Patent and Trademark Office (USPTO) receives tens of thousands of submissions every month. The USPTO approves a portion of those applications, giving businesses and inventors sole control over a concept until the patent eventually expires.

Attempting to review existing patents to see if there are any similar products or concepts already protected by a patent can be very difficult. Those performing the due diligence stage while researching existing patents have to think about many different ways to word a concept. They may need to look at adjacent industries, not just the one in which they operate.

In fact, the research process typically needs to include pending patent applications in addition to approved patents. The need to review thousands of existing patents and patent applications can make the process prohibitively complex and time-consuming.

Those unfamiliar with patent research could very easily make mistakes, such as failing to identify potentially conflicting patents. They may then commit money and time toward the prosecution of a patent that they cannot secure because there is a similar or conflicting patent already in place.

Small mistakes during the patent prosecution process can delay the timeline for patent approval. In some cases, errors can prevent organizations from obtaining patents. Assistance during the patent research, prosecution and maintenance stages can be beneficial for organizations that have invested in research and development and hope to protect concepts with a patent.

Reaching out to the team at Saile Ackerman LLC can help organizations prepare to undertake the complex patent research process. Organizations with professional support before, during and after patent prosecution increase their chances of success and diminish the likelihood of small mistakes leaving an organization’s intellectual property vulnerable.