How should patent examiners handle unfamiliar subject matter during 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. When patent examiners encounter unfamiliar subject matter during searches, they should seek guidance from colleagues. The MPEP 904.02(a) advises: “The examiner should consult with other examiners and/or supervisory patent examiners, especially with regard to applications covering subject matter unfamiliar to the examiner.” This collaborative approach ensures that examiners can leverage the expertise of their colleagues to conduct thorough and accurate searches, even when dealing with unfamiliar technologies or subject matter. It promotes knowledge sharing and helps maintain consistency in the examination process. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Examiner Must Consult Other Examiners for Unfamiliar Subject Matter MPEP 904.02(a) Recommended Examiner Must Consider Prior Art from Parent Application MPEP 904 Required Document Used in Claim Rejection Is Called a Reference MPEP 904 Inventor Name Search for Double Patenting References MPEP 904 Recommended 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 Examiner’s First Office Action Relies on Initial Search References MPEP 904 Other Related FAQs 5 FAQs Collapse What additional classification systems should patent examiners consider besides CPC? How should patent examiners approach classification searching? What classification systems are used in patent searches? What is a cla...