To guarantee that the use of the Internet by patent examiners and other USPTO entities is effective, secure, and compliant with confidentiality standards, the USPTO has established an Internet Usage Policy. The policy describes how to access information about patent applications over the Internet for searching, browsing, and retrieval purposes.
Internet searches for unpublished applications are prohibited unless they are restricted to the general state of the art and are written to preserve proprietary intellectual property, according to the regulation. Examiners are not permitted to solicit help for the patent examination on social media platforms.
However, the policy permits examiners to look up information about published applications, including reissue applications and reexamination proceedings, online. The search terms that the examiners use can be anything, including terms that describe the general state of the relevant technology, aspects that were revealed in the applicant’s disclosure, and claim terminology.
Patent Examiners and anybody tasked with safeguarding confidential application data are responsible for developing unique search strategies. The documentation of the search tactics must follow accepted standards and protocols.
For a fair assessment of the evaluation of an application, a thorough search must be conducted. The search should include references that are not necessary for rejecting the claims but would be helpful in preventing the presentation of claims to other disclosed subject matter. It should also cover all subject matter that the examiner reasonably anticipates may be included in the applicant’s amendment.
In conclusion, the USPTO Patent Internet Usage Policy offers recommendations for using the Internet in patent examination and aids in making sure that everything is done fairly, quickly, and securely while safeguarding sensitive data.
