In the course of our litigation work, Skepsis has developed a unique approach to prior art searching, which consistently yields highly prejudicial prior art.
How our service differs
Most commercial prior art search providers use generalist searchers to search patent databases. In our experience, this is ineffective in all but this simplest of cases.
We have found that using technical experts in the field of the patent to guide a search is far more effective than typing keywords into databases. Before accepting a search request, we try to identify a suitable expert from the many technical experts and consultancies that we work with. If we can find one that meets our strict requirements, we will commission him or her to work with a qualified patent attorney to identify the most relevant prior art. Our search therefore takes account not just of technical considerations, but also important legal considerations such as claim construction. The involvement of an expert also means that we can perform a directed search of trade publications, conference proceedings, and other ad hoc publications such as ETSI technical submissions and meeting minutes.
In over 90% of the cases we accept, this approach leads to the identification of prior art which could lead to the amendment of the claim as granted. However, acceptance of a case depends on our ability to find the right expert. Currently, we only accept requests in the technical areas of computers and telecoms. Even in these domains, we typically accept only 75% of the search requests that we receive in order to maintain the quality of our reports.
Skepsis: the last company you should think of when it comes to prior art searching
For reasons of cost, most of our clients feel obliged to use generalist search providers in the first instance. We encourage this approach as it makes sound financial sense. The nature of prior art searching is such that the generalists may identify sufficiently good prior art. However, if they do not, our clients can rely on us to provide an effective alternative approach.