How does MPEP 901 guide patent examiners in their prior art search?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs 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. While MPEP 901 itself is brief, it provides crucial guidance to patent examiners for their prior art search by referencing other key sections of the MPEP. The section states: “ Note 37 CFR 1.104(a)(1) in MPEP § 707. See also MPEP § 2121 – § 2129. “ This guidance directs examiners to: Review MPEP § 707 , which details how to cite prior art during examination Consult MPEP § 2121 – § 2129 , which provide comprehensive information on various aspects of prior art Consider the requirements of 37 CFR 1.104(a)(1) , which mandates a thorough study of the application and investigation of available prior art By referring to these resources, MPEP 901 ensures that examiners have a structured approach to searching for and evaluating prior art, promoting consistency and thoroughness in the patent examination process. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Same Disclosure Required for All Prior Art Types MPEP 2121 Required No Discrimination Based on Nationality of Prior Art MPEP 2121 Prior Art Must Enable Invention for Anticipation MPEP 2121 Operability Presumption for Anticipatory Prior Art MPEP 2121 Common Ownership for Prior Art MPEP 707 Required Commonly Owned Prior Art for AIA Effective Dates MPEP 707 Required Office Actions for Ex Parte Reexamination MPEP 707 Office Actions for Inter Partes Reexamination MPEP 707 Requirement for Examiner's Action Under 1.104(a)(1) MPEP 901 Examiner Must Thoroughly Study and Investigate Prior Art During Reexamination MPEP 707 Required Other Related FAQs 5 FAQs Collapse What sections of the MPEP are referenced in MPEP 901 for prior art information? Can a 35 U.S.C. 102 rejection be made if the reference doesn&#8217;t teach how to pr...