What areas should patent examiners focus on during a prior art search?

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 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.