There is no substitute for having a ready and thorough grasp of the subject matter at hand. Professional prior art searchers restrict the technologies they cover to areas for which they have a ready grasp. The typical biochemist does not make a good electronics art searcher, and vice versa. That said, not every search is rocket science. Moreover, quickness of mind is a substitute for experience, but experience is a poor substitute for quickness of mind.

Besides background technical knowledge, search skill development relates to knowing a variety of prior art sources, knowing the opportunities and limitations of the different art sources, and being able to extract highly relevant references efficiently and effectively. Here's one list of prior art sources, oriented toward software, computer, and telecommunications technologies.

Graphic tools for patent analysis may make for interesting charts & graphs, but are inapplicable to prior art search. The real tools are keyword search engines. One knack is exploiting the available search syntax flexibility.

For patent searching, Delphion offers particularly flexible search syntax. For example, there is a <near> proximity operator that allows degree of closeness in which two keywords or phrases may appear. <near> provides the opportunity for flexible filtering.

For patent searching, exceed the priority date by at least a couple of years, to make sure that provisional applications and foreign filings are included.

One technique for developing patent prior art leads is to look at forward references to the target patent, then look at the forward references' cited art. Similarly, good candidate periodical prior art can be found by finding relevant post-date art and backtracking to cited references in the post-date articles.

An easy error to make is to stick with the terminology used in the target patent or application. Software particularly has amorphous nomenclature. One trick for expanding terminology is using keywords from relevant references, either cited or found prior art. Keyword selection and substitution is one area where being seasoned in the target technology really pays.

A primary technique is to perform multiple searches with slightly different keyword sets. This is particularly effective as a filtering device for a large volume of potential candidates. Generally, the more frequently references appear in searches, the higher the probability of relevance.

Employing the results of a good patentability search can strengthen a patent, expand its scope, simplify prosecution, accelerate allowance, and help ensure enforceability.

All the calls for patent reform revolve around strengthening validity. The tendency by patent applicants to shirk patentability searching is, and has been, epidemic. The irony is that the barkers for reform are themselves serial offenders of the practices required by the reforms they now tout.

Ultimately, quality invalidity prior art searching is not to be likened to horseshoes or hand grenades. Close is not good enough. Carefully mapping claim limitations to referenced prior art quotations is required. A good searcher displaces optimism with an eagle eye for detail.

Outsourcing prior art searching to a specialist is eminently sensible. As to the bias of that advice, consider the source (a professional prior art searcher).