What subject matter is exempt from international search requirements?
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.
According to MPEP 1843.02, certain subject matter is not required to be searched by International Searching Authorities. These include:
- Scientific and mathematical theories
- Plant or animal varieties or essentially biological processes for their production
- Schemes, rules, or methods of doing business, performing purely mental acts, or playing games
- Methods for treatment of the human or animal body by surgery or therapy, as well as diagnostic methods
- Mere presentations of information
- Computer programs (to the extent that the Authority is not equipped to search prior art)
The MPEP states: “No International Searching Authority shall be required to search an international application if, and to the extent to which, its subject matter is any of the following:” followed by the list above. However, it’s important to note that “the U.S. Patent and Trademark Office has declared that it will search and examine all subject matter searched and examined in U.S. national applications.“