How should patent examiners approach the examination process?

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.

Patent examiners should approach the examination process with a thorough and balanced perspective. The MPEP provides the following guidance:

1. Read and understand the claimed invention
2. Conduct a prior art search
3. Review and analyze the application in conjunction with the state of the prior art
4. Determine if the claims meet all patentability requirements
5. Clearly articulate any rejections early in the prosecution process
6. Review all evidence, including applicant’s arguments and responses to rejections

The MPEP also emphasizes the importance of allowing valid claims:

“Although this part of the Manual explains the procedure in rejecting claims, the examiner should never overlook the importance of his or her role in allowing claims which properly define the invention.”

This balanced approach ensures a fair and thorough examination process.