How should an examiner handle information about areas of search submitted by an applicant?
When an applicant submits information about areas of search, the examiner must consider this information and clearly indicate which areas were used and which were not used in performing the search. The MPEP provides specific guidance:
“Information constituting identification of areas of search must be considered and the examiner must indicate which areas were used and which areas were not used in performing a search. The examiner must record in the appropriate sections of the ‘Search Notes’ form the areas in which the search for prior art was made.”
This requirement ensures transparency in the examination process and allows applicants to understand the scope of the examiner’s search. Examiners should carefully document their search strategy, including both the areas suggested by the applicant that were searched and those that were not, along with their reasons for these decisions.
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