How does MPEP 904 guide examiners in searching non-patent literature?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27
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 904 provides guidance on searching non-patent literature (NPL) as part of a comprehensive prior art search. The section emphasizes the importance of NPL in certain fields:
“Examiners are also encouraged to independently search other pertinent electronic information sources such as the Internet, project XSearch, and commercial databases.”
Key points about NPL searching include:
- Examiners should consider NPL sources relevant to the invention’s field
- Commercial databases and the Internet are valuable resources
- Project XSearch is mentioned as a specific tool for NPL searching
- The choice of NPL sources depends on the technology area being examined
By including NPL in their searches, examiners can ensure a more thorough examination of potential prior art.