What is the significance of foreign patent documents in MPEP 904 searches?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27

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.

MPEP 904 emphasizes the importance of including foreign patent documents in comprehensive prior art searches. The section states:

“In general, the examiner should search in all pertinent areas of the US, FPRS (Foreign Patent Retrieval System), NPL and Internet databases…”

Key points about searching foreign patent documents include:

  • Foreign Patent Retrieval System (FPRS) is a specific tool mentioned for accessing foreign patents
  • Examiners are expected to consider relevant foreign patent documents
  • Foreign patents can provide valuable prior art not found in US patents
  • The global nature of technology development necessitates searching beyond US patent databases

By including foreign patent documents in their searches, examiners can ensure a more comprehensive examination of the global state of the art relevant to a patent application.

Tags: Foreign Patent Documents, fprs, patent examination, prior art search