What role do foreign patent documents play in USPTO prior art searches?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

Foreign patent documents play a crucial role in USPTO prior art searches:

• Expanded search scope: They provide access to inventions disclosed worldwide.
• Language considerations: Examiners may use machine translations or abstracts for non-English documents.
• International patent families: Foreign documents can lead to related applications in other countries.

MPEP 904.03 states, “The search should cover the claimed subject matter and should also cover the disclosed features which might reasonably be expected to be claimed.” This principle applies to both domestic and foreign patent documents, ensuring a comprehensive global search.