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Search Templates Home |
Search Templates Home Search Templates by Class Commissioner for Patents |
USPTO Patents Search TemplatesThis website provides access to templates describing search resources for the classified areas of science and technology found in the USPTO Manual of Classification. This version of the search template project presents over 1,200 search templates covering the more than 600 USPC classes and subclasses.
Search Templates DefinedSearch templates define the field of search, search tools, and search methodologies which should be considered each time a patent application is examined in that classification area. The templates describe search tools for U.S. and foreign patents and non-patent literature. Additionally, general Internet search tools used by patent examiners are listed.The search templates are based upon input from patent examiners and other searchers at the USPTO and capture their institutional knowledge of the most relevant prior art search sources for determining the patentability of subject matter in the area of technology. The listed areas represent where (what resources) and how (methodology) most of the prior art considered in the examination process is found during the search process.
BenefitsThe templates provide more structure to the search activity and set a standard to measure the completeness of any search. Within USPTO, the templates will be especially valuable to new examiners. In addition to the "where to search" information, the search templates provide important guidance on what tools and methodologies; e.g. structure searches (tool) and classified searching, respectively, should be employed in the search process.Applicants can use the templates in formulating their own pre-examination searches prior to the filing of a U.S. patent application or the submission of a "Petition to Make Special" (based on MPEP § 708.02, subsection VIII. - special examining procedure for certain new applications - accelerated examination). A long-term objective of this effort is to generate discussion, and ultimately consensus, with respect to what should constitute a proper field of search and use of search tools in conducting a search of various subject matters for purposes of the examination process at the USPTO.
Examiners and Search: BackgroundA patent examiner is responsible for reviewing prior patent documents, both U.S. and foreign, and other printed literature related to an application's subject matter during the examination process. This review, called the search, is performed by consulting the appropriate classes, and their respective subclasses, in the U.S. classification scheme, and classified and text searches of other patent document databases, or any other printed media (also known as "non-patent literature" or NPL), which might disclose the invention disclosed/claimed in a pending application for a patent. This search may include the use of various search tools or methodologies in the process. Once the search is performed, the examiner determines the patentability of a claimed invention in light of the prior art uncovered by this search.When determining the appropriate field of search for an invention, the examiner must consider three sources of information: domestic patent documents, foreign patent documents, and NPL. The current requirements for conducting that search are set forth in the Manual of Patent Examining Procedure (MPEP) section 904.02. An examiner may not eliminate any of these resources from consideration unless the examiner can justify to a reasonable certainty that no more pertinent references will be found in a further search. Although the general guidance set forth in the MPEP is accurate, the search templates will provide additional information that expands upon the MPEP's general guidance. For each particular field of subject matter, the search templates will include what resources should be searched, and by which of the available search tools or methodologies. Detailed guidance on the choice and use of specific search tools are left to be established by each Technology Center (see MPEP § 904.02(b)). Patent examiners are not required to search every listed resource in the examination of every application. Rather, relying upon their professional judgment and assessment of the disclosed and claimed subject matter in the application under consideration, the examiner will determine the most appropriate resources for that application. What the search templates provide is a compilation of the resources found to most frequently discover the most relevant prior art disclosures for the particular subject matter. Searching is highly dependent upon the experience and job knowledge of the individual performing and/or reviewing the search.
Public Comments on the Search TemplatesPublic comments on the search templates are invited. Comments should address the points enumerated in the Criteria for Evaluating Recommended Search Resources listed below. Comments can be submitted via the Search Template Project e-mail link on each template page or by mail addressed to: Mail Stop Patents Search Template Comments Electronic submission is preferred. The Office will respond to comments in writing.
USPTO Criteria for Evaluating Recommended Search ResourcesRecommended search resources must be publicly available. The databases and tools will be evaluated based on the criteria listed below. In your submission, please provide as much information as possible on the listed criteria:
Updating the Search TemplatesThe templates will be updated twice a year.The search templates will continue to evolve as technologies and search tools evolve. The public will have an ongoing opportunity to comment on how to improve the templates. This process may require several iterations before there is general agreement on the contents of the search templates. DisclaimerThe United States Patent and Trademark Office maintains this Web site to enhance public access to the Office's information. This is a service that is continually under development. We will make every effort to keep this site current and to correct errors brought to our attention.The documents on this site contain hypertext pointers to information created and maintained by other public and private organizations. This information is provided solely as a service to our users. The links do not constitute an endorsement of any organization by the Office or the federal government, and none should be inferred. Please be aware that we do not control or guarantee the accuracy, relevance, timeliness, availability, or completeness of this outside information. Further, the inclusion of pointers to particular items in hypertext is not intended to reflect their importance, nor is it intended to endorse any views expressed or products or services offered by the author of the reference or the organization operating the site on which the reference is maintained. |
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