What 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…

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How can patent examiners access non-patent literature through STIC?

Patent examiners can access non-patent literature through the Scientific and Technical Information Center (STIC) in several ways: Electronic Resources: STIC provides access to e-books, e-journals, and databases via the STIC NPL website. Print Collections: Each Electronic Information Center (EIC) has a tailored print collection for its Technology Center. Online Catalog: Examiners can use the STIC…

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What search tools are available to patent examiners?

Patent examiners have access to a wide variety of manual and automated search tools. These tools cover three main reference sources: Domestic patents (including patent application publications) Foreign patent documents Nonpatent literature (NPL) The MPEP 904.02 states, “Examiners are provided access to a wide variety of both manual and automated search tools. Choice of search…

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How does the patent classification system contribute to the examination process?

The patent classification system plays a crucial role in the examination process, as outlined in MPEP 903.01 and 35 U.S.C. 8. Its primary contribution is: “for the purpose of determining with readiness and accuracy the novelty of inventions for which applications for patent are filed.” The classification system enhances the examination process by: Organizing patents…

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How 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…

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How does the MPEP guide examiners in analyzing claims for prior art searches?

The Manual of Patent Examining Procedure (MPEP) 904.01 provides guidance for examiners on analyzing claims for prior art searches. It states: “The examiner should carefully analyze the claim and the supporting disclosure to determine the limitations on the invention being claimed.” This analysis involves: Identifying the inventive concept Determining the scope of the claims Considering…

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