How are search fields determined for patentability reports?

The determination of search fields for patentability reports is a crucial step in the examination process. According to MPEP 705, ‘the primary examiner must indicate in the application file any field of search that should be covered by the report’. This process typically involves:

  • The primary examiner identifying relevant technical areas
  • Consideration of the invention’s various aspects and potential applications
  • Input from auxiliary examiners with specialized knowledge

The goal is to ensure a comprehensive search that covers all aspects of the invention and potential prior art.

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Tags: patent examination process, patentability report