Difficulty of Searching

Sometimes I file a provisional application because an effective prior art search either could not be done at all (perhaps because of time constraints), or could not been done cost effectively. Some time ago, for example, I filed an application on a computer chip to be used on product packaging. The inventor wanted to get something on file, but the extensive amount of R&D (research & development) over the years, combined with lack of acceptance of such chips in the marketplace, made the prior art search extremely difficult. Without a decent search, it was not at all clear how I should focus the claims, so that any effort to file a useful utility or PCT application would be severely compromised. The most cost-effective approach was to file a provisional application, describing both the currently preferred embodiments and any variations I could think of. The inventor could then go out into the marketplace to get feedback on his idea. If his concept was novel in some manner, then the inventor would discover what aspect was novel. If the concept was old, then the inventor could go on to invent something else, having invested only a fraction of the cost of preparing a filing a formal utility or PCT application. In other words, I let the marketplace do the prior art search for us.