How should patent examiners prioritize search areas?

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 prioritize search areas based on the likelihood of finding relevant prior art. The MPEP 904.02(a) provides guidance on this:

“The areas to be searched should be prioritized so that the most likely areas of finding relevant prior art are searched first. Though areas to be searched should be prioritized, a thorough and complete search requires the consideration of references from each of the areas where the examiner is likely to find pertinent prior art.”

This approach ensures efficiency in the search process while maintaining thoroughness. Examiners should start with the most relevant classification areas and expand their search as needed, considering all probable areas relevant to the claimed subject matter.