How do equivalents affect prior art searches?

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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. Equivalents significantly expand the scope of prior art searches during patent examination. As stated in MPEP 904.01(b) , examiners must consider: “All subject matter that is the equivalent of the subject matter as defined in the claim, even though different from the definition in the claim, must be considered unless expressly excluded by the claimed subject matter.” This means that when conducting a prior art search, patent examiners must look beyond the exact wording of the claims and consider functionally equivalent technologies or methods. This broader search helps ensure a more comprehensive examination and reduces the likelihood of overlooking relevant prior art. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Equivalent Subject Matter Must Be Considered MPEP 904.01(b) Required Examiner Must Consider Prior Art from Parent Application MPEP 904 Required Review of Cited Prior Art from Parent Application Required MPEP 904 Recommended Examiner Must Identify All Prior Art Sources MPEP 904 Required Examiners Must Cite Relevant Prior Art MPEP 1843.01 Date of Search Must Be Indicated MPEP 904 Required Document Used in Claim Rejection Is Called a Reference MPEP 904 Parent Applications Must Be Reviewed for Prior Art MPEP 904 Required 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 Other Related FAQs 5 FAQs Collapse How do patent examiners determine what constitutes an equivalent? What are equivalents in patent examination? What is the relationship between equivalents and means-plus-function claims? Can claimed subject matter exclude equivalents? What...