Such evidence – known as prior art – is crucial in determining whether an invention is patentable or not.
US patent examiners look for prior art in existing patent documents, from both the US and abroad, and from other literature related to the invention. During this search, the examiner consults various patent databases, scientific and technical journals and other printed material, which might disclose the invention claimed in the application.
But searching is highly dependent on the skill and knowledge of the person carrying out the search, and the USPTO has been keen to set out a basic structure and standard to which searching should comply. The search templates therefore use the “institutional knowledge” of examiners to set out the most relevant search areas for each category of technology.
According to the USPTO, the search templates will result in more thorough prior art searches and subsequently better quality patents.
"These new tools are just part of the USPTO's larger effort to make the US patent examination process even more efficient and effective," noted Under Secretary for Intellectual Property Jon Dudas. "Quality is a shared responsibility. With input and information from our patent examiners and the public, the USPTO can provide a better compilation of relevant resources for all users of America's patent system.”
Thirty-eight templates are now available, but the USPTO hopes to add around 50 templates each week. When the initial project is completed, about 1,300 search templates covering more than 600 classes and subclasses of technology will be available.
It is an evolving process, and the USPTO is seeking input from all interested parties.
