The FUD factor

This article explains the Fear, Uncertainty, and Doubt (FUD) factor with patent searching. FUD also applies to aspects of patents other than searching. The Internet has made patent searches easy, but there is always a chance that something will be overlooked. The main reason to search patents is to evaluate the likelihood that an invention is new and unobvious enough to be patentable. However, there is no law or Patent Office regulation that requires you to perform a patent search before filing a patent application. In fact, the Patent Office will always conduct a search once you file a patent application whether you perform a search or not. However, patent search is a cost-benefit decision, because if your searching uncovers evidence demonstrating you probably will not get a patent, you will save the money you would have spent to have a patent application prepared and filed. In the final analysis, business decisions need to be made despite FUD. Today, the data set upon which patent business decisions are based, although still incomplete, is at least a lot easier to build.