What types of references should examiners consider during a patent search?
Patent examiners should consider a wide range of references during their search to ensure a comprehensive examination. The MPEP 904.03 states:
In all references considered, including NPL, foreign patents, and domestic patents, the examiner should study the specification or description sufficiently to determine the full value of the reference disclosure relative to the claimed or claimable subject matter.
This guidance emphasizes the importance of considering various types of prior art, including:
- Non-patent literature (NPL)
- Foreign patents
- Domestic patents
Examiners should thoroughly review each reference to understand its full relevance to the claimed invention, ensuring a comprehensive and robust examination process.
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