The USPTO is seeking to implement a pre-examination automated search to assist the start of examination. However, this initiative overlaps with applicants’ earlier search efforts to inform the intake and drafting processes – which the applicant submits as an Information Disclosure Statement… and which examiners routinely disregard.
Instead, the USPTO could identify third-party search vendors that it trusts to provide reliable pre-examination searches. Applicants could choose among these vendors for prior art searching to inform disclosure review and application drafting, and the USPTO could accept the same report (optionally updated based on the filed application) as its pre-examination search. This process yields a variety of advantages – especially the implementation of the USPTO’s pre-examination search with 0% of the cost.
Continue reading USPTO Proposal: Accept Applicant’s Independent Prior Art Search as Pre-Examination Search