What is the balance between general and specific guidance for search tool selection in patent examination?
The USPTO maintains a balance between providing general guidance and allowing for specific, technology-focused approaches in search tool selection for patent examination. This balance is evident in MPEP 904.02(b), which states:
Detailed guidance on the choice and use of specific search tools can be established only within the context of the special requirements of each Technology Center (TC). However, a general methodology following a “decision tree” process, set forth below, for making broad decisions in search tool selection is suggested.
This approach ensures:
- A consistent framework across all technology areas through the general “decision tree” methodology.
- Flexibility for each Technology Center to develop specialized search strategies.
- Adaptability to the unique characteristics of different technological fields.
- A standardized starting point for examiners, with room for customization based on TC-specific guidelines.
This balanced approach allows the USPTO to maintain overall consistency while accommodating the diverse needs of various technology sectors in patent examination.
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