What are the key steps in the patent 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.

The patent examination process involves several key steps as outlined in MPEP 2103:

1. Determining what invention is sought to be patented: This involves analyzing the claims to understand the subject matter.
2. Conducting a thorough search of the prior art: Examiners search for relevant prior art that may affect patentability.
3. Determining whether the invention satisfies the statutory requirements: This includes assessing novelty, non-obviousness, and other criteria.
4. Communicating the findings to the applicant: The examiner issues an Office action detailing any rejections or objections.

The MPEP states: “The goal of examination is to clearly articulate any rejection early in the prosecution process so that the applicant has the opportunity to provide evidence of patentability and otherwise reply completely at the earliest opportunity.“