Can patent examiners use social media websites during Internet searches?

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.

Patent examiners are allowed to visit social media websites that provide for public interactions as part of their Internet search. However, there are strict limitations on how they can interact with these platforms. The MPEP states:

“As part of an Internet search, examiners may visit social media websites that provide for public interactions, but are not authorized to participate on these websites or otherwise solicit assistance with patent examination even for published applications.”

This means that while examiners can view publicly available information on social media, they cannot:

• Request additional information from users
• Ask for elaboration on posted information
• Solicit new information to be posted
• Participate in discussions related to patent examination

The primary purpose of using social media in searches is to gather information about the state of the art or to find relevant prior art, not to engage with the public about specific applications.