How does an examiner determine the field of search for a patent application?

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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. An examiner determines the field of search for a patent application by analyzing the invention’s subject matter and identifying relevant areas of technology. According to MPEP 904.02 : “The field of search should extend to all probable areas relevant to the claimed subject matter and should cover the disclosed features which might reasonably be expected to be claimed.” The examiner considers: The invention’s classification Related technologies and applications Potential alternative embodiments Cross-references to other relevant classes/subclasses By thoroughly defining the field of search, examiners ensure a comprehensive review of prior art, enhancing the quality and validity of granted patents. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Field of Search Should Start with Likely Areas in Prior Art MPEP 904.02 Recommended Review of Cited Prior Art from Parent Application Required MPEP 904 Recommended First Search Should Cover Invention as Claimed MPEP 904 Recommended Search Areas Must Cover Claimed Subject Matter and Inventive Features MPEP 904.02 Recommended Inventor Name Search for Double Patenting References MPEP 904 Recommended Examiner Must Consider Prior Art from Parent Application MPEP 904 Required Search Must Cover All Probable Prior Art Areas MPEP 904.02 Date of Search Must Be Indicated MPEP 904 Required Thorough Search of Prior Art Required MPEP 904.02 Field of Search Requires Domestic, Foreign Patents and NPL MPEP 904.02 Required Other Related FAQs 5 FAQs Collapse How should patent examiners determine the field of search? How does an examiner determine the field of search in patent examination? What areas should patent examiners focus on during a ...