What is the balance between general and specific guidance for search tool selection 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 maintains a balance between providing general guidance and allowing for specific, technology-focused approaches in search tool selection for patent examination. This balance is evident in MPEP 904.02(b), which states:

Detailed guidance on the choice and use of specific search tools can be established only within the context of the special requirements of each Technology Center (TC). However, a general methodology following a “decision tree” process, set forth below, for making broad decisions in search tool selection is suggested.

This approach ensures:

• A consistent framework across all technology areas through the general “decision tree” methodology.
• Flexibility for each Technology Center to develop specialized search strategies.
• Adaptability to the unique characteristics of different technological fields.
• A standardized starting point for examiners, with room for customization based on TC-specific guidelines.

This balanced approach allows the USPTO to maintain overall consistency while accommodating the diverse needs of various technology sectors in patent examination.