What should be included in a patent examiner’s field of search?
A patent examiner’s field of search should be comprehensive and include various elements as outlined in MPEP 904.02(a):
- Classification locations where the claimed subject matter would be properly classified
- Every relevant group/subgroup of the Cooperative Patent Classification (CPC)
- Relevant class/subclass of the U.S. Patent Classification (USPC)
- Digests and cross-reference art collections
- Classifications assigned by foreign offices or other USPTO examiners
- Other organized systems of literature that may contain pertinent material
The MPEP states:
“The field of search should extend to all probable areas relevant to the claimed subject matter and should cover the disclosed features which might reasonably be expected to be claimed.”
This comprehensive approach ensures that all relevant prior art is considered during the examination process.
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