How does the USPTO determine the field of search for a patent application?
The USPTO determines the field of search for a patent application based on the claimed subject matter and its classification. MPEP 904.02(a) states: “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.” This means…
Read MoreWhat is the primary purpose of classification in CPC?
The primary purpose of classification in the Cooperative Patent Classification (CPC) system is to facilitate the retrieval of technical subject matter. As stated in MPEP 905.03: “The primary purpose of classification is to facilitate the retrieval of technical subject matter. In order to reliably retrieve technical subject matter using the CPC classification system it is…
Read MoreWhat should be included in a patent examiner’s field of search?
A patent examiner’s field of search should be comprehensive and include various elements as outlined in MPEP 904.02(a): Classification locations where the claimed subject matter would be properly classified Every relevant group/subgroup of the Cooperative Patent Classification (CPC) Relevant class/subclass of the U.S. Patent Classification (USPC) Digests and cross-reference art collections Classifications assigned by foreign…
Read MoreHow should a patent examiner outline a field of search?
When outlining a field of search, a patent examiner should follow specific guidelines as outlined in MPEP 904.02(a): “In outlining a field of search, the examiner should note every classification location (i.e. group/subgroup of the Cooperative Patent Classification and/or class/subclass of the U.S. Patent Classification) under the utilized classification system and other organized systems of…
Read MoreHow are foreign patent documents classified in the USPTO?
Foreign patent documents are classified in the USPTO according to the following system: Documents published by the European Patent Office (EPO) or the World Intellectual Property Organization (WIPO) are classified only in the International Patent Classification (IPC) system. Other foreign patent documents may be classified in the IPC, the United States Patent Classification (USPC) system,…
Read MoreWhat is a “cross-reference art collection” in patent searching?
A “cross-reference art collection” in patent searching refers to a grouping of patent documents that are relevant to a particular subject matter but do not fit neatly into a single classification. The MPEP 904.02(a) states: “Cross-reference art collections, if any, associated with the class or subclass are also included in the search (MPEP § 903.07).”…
Read MoreWhat happens when a new patent application is received in a Technology Center?
When a new patent application is received in a Technology Center, two key actions are taken: The classification of the application is noted in the application file. The initials or name of the examiner who will examine the application, or other assigned docket designation, are recorded in the file. As stated in MPEP § 719.03:…
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