How should examiners handle non-static Internet sources in patent searches?

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.

When dealing with non-static Internet sources during patent searches, examiners must take special precautions. The MPEP 904.02(c) provides specific guidance:

“If the copy of the Internet source to be cited is not stable, the examiner should print out the source and attach it to the office action.”

This practice ensures that:

  • The exact content viewed by the examiner is preserved.
  • The applicant can review the same information referenced in the office action.
  • The record maintains integrity for future reference or potential appeals.

Examiners should be aware that web pages can change or disappear, so capturing non-static sources at the time of the search is crucial for maintaining a complete and accurate patent examination record.

Tags: documentation, non-static internet sources, office action, patent searches