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ARTICLE · 17 SEPTEMBER 2012

Patent Searching: What are you risking by going it alone?

Patent searching is more than keywords and numbers and an expert search is a form of insurance or risk minimisation.

AustraliaIntellectual Property

Once upon a time I studied thermodynamics. I was told that the first time you study thermodynamics you don't know what you are doing; the second time you think you know what you are doing; and the third time you know you don't know what you are doing, but by that time it's too late so you just get on and do it. Patent searching is a bit like thermodynamics in that respect. It may seem difficult at first and then appear easier, but a little confidence can be a dangerous thing. There is more to patent searching than entering a few keywords and numbers.

Your intentions define what type of search you need to do. If you have an idea for a product that you want to protect then a novelty or patentability search is required. If you want to import a product into a country or start using a new product then a freedom-to-operate search is required. These two types of searches have vastly different requirements. Freedom-to-operate searches are relevant to a specific country you

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