Do I have to have a patent search done before filing a patent application?
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There is no law requiring that you have completed a patent search or receive any kind of patentability opinion prior to the filing of a patent application. However, without a search, the patentability of the invention and the scope of a patent you may be entitled to receive cannot be determined. Without the search, the content of what you would be entitled to receive would only be a wild guess. A mistake in scope can easily lead to a complete loss of any patent rights or rights that could have been broader. No prior searching is a recipe for an expensive failure.
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