What areas should patent examiners focus on during a prior art search?
Patent examiners should focus on several key areas during a prior art search, as outlined in MPEP 904.02:
- Disclosed features of the invention: Search for prior art related to all aspects of the invention described in the application.
- Claimed subject matter: Focus on finding prior art that specifically addresses the claims of the patent application.
- Related fields: Explore areas of technology that are related to the invention, even if not directly specified in the application.
- Analogous arts: Consider fields that may not be directly related but could contain relevant solutions to the problem addressed by the invention.
The MPEP states:
“The search should cover the claimed subject matter and should also cover the disclosed features which might reasonably be expected to be claimed.”
This guidance ensures that examiners conduct a comprehensive search that captures all potentially relevant prior art, improving the quality and reliability of the patent examination process.
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