How does an examiner document the search strategy in patent examination?
Documenting the search strategy is a critical aspect of patent examination. According to MPEP 904, examiners must keep detailed records of their search process:
“In order to provide a complete, accurate, and uniform record of what has been searched and considered by the examiner for each application, certain minimum documentation of the search is required.“
Examiners typically document their search strategy by:
- Recording the search queries used
- Listing the databases and resources searched
- Noting the date(s) of the search
- Identifying relevant classification codes examined
- Describing any unique search methodologies employed
- Listing key prior art references found
This documentation serves as a record for future reference, ensures transparency in the examination process, and helps in case of appeals or continuations.
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