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.

To learn more:

Tags: patent examination, prior art