How does the USPTO approach searching for non-patent literature in prior art searches?
The USPTO recognizes the importance of non-patent literature (NPL) in prior art searches. According to MPEP 904.02:
“The search should cover the claimed subject matter and should also cover the disclosed features which might reasonably be expected to be claimed. The search should not be limited to the examples or embodiments given in the specification.”
This guidance implicitly includes searching for relevant NPL. The USPTO’s approach to NPL searches includes:
- Utilizing specialized scientific and technical databases
- Searching academic journals and conference proceedings
- Reviewing trade publications and industry reports
- Considering online resources, including websites and digital archives
- Collaborating with scientific libraries and information centers
By thoroughly searching NPL sources, examiners can uncover relevant prior art that may not be found in patent databases, ensuring a more comprehensive examination of the state of the art.
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