How does the USPTO handle searching for rapidly evolving technologies?

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. The USPTO recognizes the challenges of searching for prior art in rapidly evolving technologies. According to MPEP 904.02 : “In cases involving rapidly evolving technologies, it may be desirable to supplement the search by consulting a scientific expert or a specialized scientific facility.” To handle searches in these areas, the USPTO may: Consult scientific experts in the field Use specialized scientific facilities or databases Continuously update search strategies and resources Provide additional training to examiners in emerging technologies This approach ensures that patent examiners have access to the most up-to-date information and resources, allowing for a more comprehensive and accurate prior art search in fields where technology is advancing quickly. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Examiners Have Access to Various Search Tools MPEP 904.02 Thorough Search of Prior Art Required MPEP 904.02 Field of Search Requires Domestic, Foreign Patents and NPL MPEP 904.02 Required Field of Search Should Start with Likely Areas in Prior Art MPEP 904.02 Recommended Choice of Search Tools Is Critical for Finding Relevant Prior Art MPEP 904.02 Text Searching for Mechanical Arts MPEP 904.02 Parent Applications Must Be Reviewed for Prior Art MPEP 904 Required Examiner Must Consider Prior Art from Parent Application MPEP 904 Required Review of Cited Prior Art from Parent Application Required MPEP 904 Recommended Examiner Must Identify All Prior Art Sources MPEP 904 Required Other Related FAQs 5 FAQs Collapse How should patent examiners determine the field of search? How does an examiner determine the field of search in patent examination? How does an examine...