Diligent Searcher

A substantive search looking at the state of the art at the earliest date of Filing of the Patent. Using the “diligent searcher concept” the search agency conducts an investigation of the art without knowledge of the scope of the claims or og the “invention”. The Diligent Searcher simply knows the problem the invention puports to solve. It is permissible to cast the problem using the terminology from the patent specification as long as it does not delineate the solutio but simply sets the bounds for the search enquiry.

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