How is the determination of analogous arts made in patent examination?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs 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. The determination of analogous arts in patent examination is based on the essential function or utility of the claimed invention, rather than its name or classification. The MPEP provides guidance on this: The determination of what arts are analogous to a particular claimed invention is at times difficult. It depends upon the necessary essential function or utility of the subject matter covered by the claims, and not upon what it is called by the applicant. ( MPEP 904.01(c) ) This means that patent examiners must look beyond the surface-level description of an invention and consider its fundamental purpose or function when identifying analogous arts. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse All Analogous Arts Must Be Searched Regardless of Classification MPEP 904.01(c) Required Document Used in Claim Rejection Is Called a Reference MPEP 904 Examiner Must Consider Prior Art from Parent Application MPEP 904 Required Mixing Machines Considered Analogous MPEP 904.01(c) Permitted Brick-Cutting and Biscuit Cutting Machines Are Analogous MPEP 904.01(c) Permitted Parent Applications Must Be Reviewed for Prior Art MPEP 904 Required Review of Cited Prior Art from Parent Application Required MPEP 904 Recommended Examiner Must Review File Wrapper History and PTAB Post-Grant Proceedings MPEP 904 Required Documents Cited in International Search Report Must Be Considered MPEP 904 First Search Should Cover Invention as Claimed MPEP 904 Recommended Other Related FAQs 5 FAQs Collapse How does the concept of analogous arts apply to anticipation under 35 U.S.C. 102? How does the concept of analogous arts relate to obviousness in patent law? What are analogous arts in patent ...