How should patent examiners use Internet searching in their examination process?
Patent examiners can use Internet searching as part of their examination process, but they must follow specific guidelines to protect confidentiality and ensure appropriate use. According to MPEP 904.02(c):
- For unpublished applications, Internet searches must be limited to the general state of the art and formulated to protect confidential proprietary information.
- For published applications, reissue applications, or reexamination proceedings, examiners may use broader search queries including terminology related to the disclosed features and claim terminology.
- Examiners must ensure compliance with confidentiality requirements in statutes and regulations.
- Social media websites may be visited, but examiners are not authorized to participate or solicit assistance with patent examination.
The MPEP states, “Any Internet searching that is conducted is to be limited to searching for the information necessary for examination of the application or proceeding, such as the state of the art or the presence or absence of technical features in the prior art.”
Examiners must also document their Internet search strategies according to established practices outlined in MPEP § 719.05 II.
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