Patents/intellectual property

[Ebayaholic]

A relative who has a patent pending on an invention has asked me to help her to license it. The problem is, a quick google revealed that the exact same thing is on widespread sale in another continent-it is literally available in every good store that sells these types of item. The letter from the IPO at the initial search stages cites 4 patent applications for similar items (not the ones that i have found, strangely) and also states that her claims are not clear. Nonetheless she has carried on and requested the substantive examination, having spent several thousands of pounds.
I don't want to waste my time or more of her money- is there anyone out there who knows if she stands a chance of getting the patent approved? Could she sue the company who initially conducted the searches and told her it is unique? Thanks so much to anyone who can offer any advice.

[Nonnus]

The patent application will not be approved if there is 'prior art' ( i.e. an item that performs the same function in the same way) already in the public domain.

[Ebayaholic]

Thanks very much Nonnus, that's what I thought but I can't work out why it has got so far and why the initial searches by the IPO and invention company didn't reveal the overseas availability of the items.

[Nonnus]

Clearance searches are only as good as the thoroughness of the searcher! I should revise my earlier answer actually: the patent may be granted but if there is prior art then it will be vulnerable to invalidity proceedings. A counterclaim for invalidity is a common response to a claim for infringement. That's a long way of saying that your friend might find herself with a patent that she can't enforce.