How should patent examiners determine the field of search?
Patent examiners should determine the field of search by considering the following factors:
- The claimed subject matter
- Disclosed features related to the inventive concept
- Areas with the highest probability of finding relevant prior art
According to MPEP 904.02, “The search areas should cover the claimed subject matter and should also cover the disclosed features related to the inventive concept of the claims which might reasonably be expected to be claimed.”
The MPEP advises examiners to prioritize their search: “The field of search should be prioritized, starting with the area(s) where the invention would most likely be found in the prior art.” This approach ensures that the most relevant areas are searched first, increasing the efficiency of the examination process.
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