What constitutes a thorough and complete search in patent examination?
A thorough and complete search in patent examination involves three key steps:
- Identifying the field of search
- Selecting the proper search tools
- Determining the appropriate search strategy for each tool
According to MPEP 904.02, “A search is considered thorough when all areas with the highest probability of finding prior art relevant to the invention as it is claimed and described in the specification are identified for search.” The search should cover three reference sources: domestic patents, foreign patent documents, and nonpatent literature (NPL).
The MPEP further states, “A search is considered complete when each of the identified areas are fully considered.” This means that examiners must thoroughly review all relevant areas within these sources to ensure a comprehensive search.
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