How does an examiner determine the field of search in patent examination?

An examiner determines the field of search in patent examination by considering several factors:

1. The claimed invention’s subject matter
2. Disclosed features that might be claimed
3. Related fields of technology
4. Prior art references cited in the application

MPEP 904.02 states: “The examiner’s field of search should be broad enough to cover all subject matter which the claimed invention would have been searched in the art.” This means examiners must consider not only the specific technology area but also analogous arts where similar solutions might be found.

To learn more:

• field of search
• patent examination
• MPEP 904.02
• prior art