When should an examiner search for foreign patents under pre-AIA 35 U.S.C. 102(d)?
An examiner should conduct a search for foreign patents under pre-AIA 35 U.S.C. 102(d) only under specific circumstances. The MPEP provides guidance on this: “The examiner should undertake a search for an issued foreign patent for use as pre-AIA 35 U.S.C. 102(d) prior art only if there is a reasonable possibility that a foreign patent…
Read MoreHow can examiners search for foreign patents for pre-AIA 35 U.S.C. 102(d) rejections?
Examiners have several methods to search for foreign patents that could be used for pre-AIA 35 U.S.C. 102(d) rejections. The MPEP outlines the following approaches: Electronic database search: “The search for a granted patent can be accomplished on an electronic database either by the examiner or by the staff of the Scientific and Technical Information…
Read MoreHow can patent examiners directly access foreign patent information?
Patent examiners at the USPTO have multiple options for directly accessing foreign patent information. According to MPEP 901.07: Directly search WPI in-house Access INPADOC database Use both WPI and INPADOC Request foreign patent searches through the Scientific and Technical Information Center (STIC) The MPEP states: Patent examiners may directly search WPI in-house or INPADOC or…
Read MoreHow does the STIC assist with foreign patent searches?
The Scientific and Technical Information Center (STIC) plays a crucial role in assisting patent examiners with foreign patent searches. According to MPEP 901.06(a): “STIC staff can assist examiners in searching the foreign patent databases.” This service is particularly valuable because: It provides access to patent documents from various countries It helps overcome language barriers in…
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