How do confidentiality requirements affect Internet searching for unpublished patent applications?

Confidentiality requirements significantly impact Internet searching for unpublished patent applications. The MPEP states:

“When the Internet is used to search, browse, or retrieve information relating to a patent application which has not been published, other than a reissue application or reexamination proceeding, Patent Organization users MUST restrict search queries to the general state of the art unless the Office has established a secure link over the Internet with a specific vendor to maintain the confidentiality of the unpublished patent application.”

This means that examiners must be careful not to disclose any specific information about unpublished applications in their search queries. Searches should focus on the general state of the art to protect proprietary information.

To learn more:

• confidentiality
• unpublished applications
• Internet searching
• patent examination
• USPTO guidelines