What is the importance of the prior art search in patent examination?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 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. The prior art search is a crucial step in the patent examination process, as outlined in MPEP 2103 . Its importance lies in several key aspects: Determining novelty and non-obviousness of the claimed invention Identifying relevant documents for assessing patentability Providing a basis for rejections under 35 U.S.C. 102 and 103 Ensuring the quality and validity of granted patents The MPEP emphasizes the thoroughness required in this step: “ The examiner should conduct a thorough search of the prior art. Generally, a thorough search involves reviewing both U.S. and foreign patents and non-patent literature. “ A comprehensive prior art search helps ensure that only truly novel and non-obvious inventions are granted patent protection, maintaining the integrity of the patent system. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Requirement for Thorough Prior Art Search Before Evaluating Patentability MPEP 2103 Comparison of Claimed Invention to Prior Art Required for Patentability MPEP 2103 Four Eligibility Requirements for Patent Examination MPEP 2103 Invention Eligibility Requirements Under 35 U.S.C. 101 MPEP 2103 Required Differences Between Invention and Prior Art Must Be Resolved MPEP 2103 Required Claims Must Define Patent Protection Boundaries MPEP 2103 Claims Must Define Patent Protection Boundaries MPEP 2103 Claim Defines Patent Protection Boundaries MPEP 2103 Claims Must Be Considered as a Whole MPEP 2103 Required Invention or Discovery of New Process, Machine, Manufacture, or Composition of Matter May Obtain Patent MPEP 2103 Permitted Other Related FAQs 5 FAQs Collapse What are the key requirements under 35 U.S.C. 112 in patent examination? What is the ...