How are non-written disclosures treated in international patent searches?

According to MPEP 1843.01, non-written disclosures are treated as follows in international patent searches:

• Non-written disclosures (e.g., oral disclosures, use, exhibitions) are not directly relevant prior art for international searches
• They become relevant only if substantiated by a written disclosure available to the public before the international filing date
• If a written disclosure referring to a non-written disclosure is published on or after the international filing date, it should be mentioned separately in the search report

The MPEP states: “A non-written disclosure such as an oral disclosure, use, exhibition or other means of disclosure is not relevant prior art for the purposes of the international search unless it is substantiated by a written disclosure made available to the public prior to the international filing date and it is the written disclosure which constitutes the prior art.“

To learn more:

• non-written disclosures
• oral disclosures
• exhibitions
• international patent search
• prior art