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