What areas should patent examiners focus on during a prior art search?

Patent examiners should focus on several key areas during a prior art search, as outlined in MPEP 904.02:

  • Disclosed features of the invention: Search for prior art related to all aspects of the invention described in the application.
  • Claimed subject matter: Focus on finding prior art that specifically addresses the claims of the patent application.
  • Related fields: Explore areas of technology that are related to the invention, even if not directly specified in the application.
  • Analogous arts: Consider fields that may not be directly related but could contain relevant solutions to the problem addressed by the invention.

The MPEP states:

“The search should cover the claimed subject matter and should also cover the disclosed features which might reasonably be expected to be claimed.”

This guidance ensures that examiners conduct a comprehensive search that captures all potentially relevant prior art, improving the quality and reliability of the patent examination process.

To learn more:

Tags: patent examination, prior art search, USPTO Guidelines