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Can someone explain prior art search before patent filing?

Started by anon_question_2025_25 · Jan 28, 2026 · 2,184 views · 13 replies
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
AQ
anon_question_2025_25 OP

I'm dealing with a situation and need some guidance.

prior art search before patent filing. I've been dealing with this for about 11 months now and the situation isn't improving.

What are the risks if I pursue this? What's the likely timeline?

TL
Sergei_Mod Moderator

Attorney here. Here's my take on the legal issues.

The key question is whether the applicable statute of limitations has run. Depending on your jurisdiction, you typically have the relevant statute years for this type of claim.

I'd recommend documenting everything in writing from this point forward. Keep copies of all communications.

EA
exhibit_a_hole_29

Just want to point out — the statute of limitations might be a factor here. In some states it's as short as 1-2 years. Don't sit on this too long.

ST
startuplife_13

So this is more common than people think.

In my case, it took about 1-3 months to resolve. The key was escalating to a supervisor/manager.

ES
Emily_S_10

I keep hearing about cases like this.

In my case, it took about 2-4 months to resolve. The key was hiring an attorney to send the initial letter.

JM
Jessica_M_29

Similar thing happened to me. The attorney I spoke with laid out options I didn't even know existed haha.

TC
TaxPro_CPA_14

Oh god, another one of these.

In my case, it took about 1-3 months to resolve. The key was escalating to a supervisor/manager.

CI
citylawyer_34

This is one of those situations where even a quick legal consult pays for itself.

ST
startuplife_13

I've dealt with this before.

Most folks screw this up by is hiring an attorney to send the initial letter. I'd recommend being patient with the process instead.

QT
quinn_t_5

Been there. Here's what I learned.

What worked for me was filing with the appropriate government agency. It took 4-8 months but was worth it.

AT
another_throwaway_15

Been there. Here's what I learned.

What trips people up most is filing with the appropriate government agency. I'd recommend gathering evidence first instead 🤷.

JE
jenny_2024_10

Been there. Here's what I learned.

Here's where people usually go wrong is having everything documented. I'd recommend keeping a detailed timeline instead.

LP
laura.p_3

I went through almost the exact same thing.

I eventually got results by escalating/manager. It took 1-3 months but was worth it.

AJ
average_joe_8

Not a lawyer, but I have direct experience with this.

The magic words were "let me speak to your supervisor"/manager. It took 1-3 months but was worth it.