How does MPEP 704 define a ‘reasonable search’ for prior art?

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.

MPEP 704 provides guidance on what constitutes a ‘reasonable search’ for prior art during patent examination. According to MPEP 704.01:

“In determining the scope of a reasonable search, examiners should consider the guidance provided in MPEP § 904 to § 904.03.”

A reasonable search typically includes:

• Searching relevant patent databases
• Reviewing non-patent literature
• Considering foreign patent documents
• Exploring additional resources based on the specific technology area

The extent of the search should be commensurate with the claimed invention’s complexity and the state of the prior art.