This page consolidates and annotates all enforceable requirements under MPEP § 904.02(b), including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Search Tool Selection
This section addresses Search Tool Selection.
Pending USPTO Updates
USPTO lists the following post-January 31, 2024 publications as updates not yet incorporated into the current MPEP revision. BlueIron has reviewed the linked USPTO source documents and cross-referenced these updates by affected topic, citation, and identified MPEP target when stated by USPTO. USPTO Subsequent Publications
- Supersedes Advance Notice of Change to the MPEP to provide guidance on the use of PE2E Search's Similarity Search featureIdentified USPTO change targets:
- MPEP section: 719.05 – Add new subsection II.C, Office Provided Artificial Intelligence Based Search Tools.
- MPEP section: 902.03(e) – Revise PE2E SEARCH discussion to describe Similarity Search, mandatory use during plant and utility examination, and file-wrapper recordation.
- MPEP section: 904.02(b) – Revise first paragraph to state that Similarity Search use is mandatory and cross-reference MPEP 719.05 and 902.03(e).
Key Rules
Exceptions & Carve-Outs (1)
Detailed guidance on the choice and use of specific search tools can be established only within the context of the special requirements of each Technology Center (TC). However, a general methodology following a “decision tree” process, set forth below, for making broad decisions in search tool selection is suggested.
Source Text from USPTO’s MPEP
This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.
Official MPEP § 904.02(b) — Search Tool Selection
Source: USPTO904.02(b) Search Tool Selection [R-07.2015]
Detailed guidance on the choice and use of specific search tools can be established only within the context of the special requirements of each Technology Center (TC). However, a general methodology following a “decision tree” process, set forth below, for making broad decisions in search tool selection is suggested.
