How do equivalents affect prior art searches?
Equivalents significantly expand the scope of prior art searches during patent examination. As stated in MPEP 904.01(b), examiners must consider:
“All subject matter that is the equivalent of the subject matter as defined in the claim, even though different from the definition in the claim, must be considered unless expressly excluded by the claimed subject matter.”
This means that when conducting a prior art search, patent examiners must look beyond the exact wording of the claims and consider functionally equivalent technologies or methods. This broader search helps ensure a more comprehensive examination and reduces the likelihood of overlooking relevant prior art.
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