When should an examiner conduct a search for an imperfectly understood application?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10
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.
According to MPEP 704.01, an examiner should conduct a search even for imperfectly understood applications. The MPEP states: “However, informal cases, or those which can only be imperfectly understood when they come up for action in their regular turn are also given a search, in order to avoid piecemeal prosecution.” This approach ensures that the examination process moves forward efficiently, even when the application is not fully clear at first glance.