May 22, 2006

In the May 16, 2006 Federal Register, the USPTO announced that it has opened a window for comment regarding its published patent search templates. In the USPTO’s Manual of Classification, several search templates may be found, defining “the search field and resource areas of general subject matter, classes/subclasses, patent documents (both domestic and foreign) and NPL [non-patent literature] that an examiner should consider each time a patent application is examined in a particular classification.” MPEP § 904.02 includes the current search requirements for a patent examiner, including the examiner’s required consideration of domestic patent documents, foreign patent documents, and NPL. According to the Federal Register, “[t]hese search templates are based upon input from patent examiners and other searchers at the USPTO and represent an attempt to capture their institutional knowledge of what are the most relevant prior art searches for determining the patentability of subject matter in the area of technology.” No specific ending period for comment was announced, but the comments will be made available to the public.

Federal Register Excerpt (May 16, 2006): LINK
USPTO Patent Search Templates Website: LINK
MPEP § 904.02: LINK
Submit Patent Search Templates Comments HERE

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Mark Reichel
Reichel IP LLC

I am a patent attorney with Reichel IP LLC, where I concentrate my practice on patent drafting and prosecution, trademarks, and general intellectual property matters. I currently focus on the preparation and prosecution of medical device and other life sciences patent applications, and being actively involved in a number of local not-for-profit organizations.

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