What are the guidelines for Internet searching in patent examination?

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 has established guidelines for Internet searching during patent examination, as outlined in the Manual of Patent Examining Procedure (MPEP). Key points include:

• The Internet is an approved search tool for patent examiners.
• Searches for unpublished applications must be limited to the general state of the art to protect confidential information.
• For published applications, searches can include terminology related to the disclosed features and claim terminology.
• Examiners must comply with confidentiality requirements when using the Internet.

As stated in the MPEP: “The Internet is an Office-approved search tool that may be considered when planning and conducting a search for an application.” (MPEP 904.02(c))