What are the differences in Internet searching for published vs. unpublished patent applications?

The USPTO guidelines for Internet searching differ significantly between published and unpublished patent applications. Key differences include:

• Published Applications: Examiners have more flexibility in their search queries. The MPEP states, “Any search query may include terminology related to the general state of the relevant technology, disclosed features from applicant’s disclosure and claim terminology.”
• Unpublished Applications: Searches must be restricted to protect confidentiality. The MPEP mandates, “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Office has established a secure link over the Internet with a specific vendor to maintain the confidentiality of the unpublished patent application.”

This distinction is crucial for maintaining the confidentiality of unpublished applications while allowing thorough searches for published ones.

To learn more:

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• unpublished applications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