What is the process for determining the original classification of a patent?

The process for determining the original classification of a patent involves several steps:

1. Review the allowed claim to determine the subject matter covered.
2. Determine all mandatory classifications.
3. Select the original (OR) classification based on specific criteria.

The MPEP states: After all mandatory classifications have been determined, the classification to be designated as the original (OR) is determined. If all mandatory classifications are in the same class, the original classification is the mandatory classification that, looking at the schedule from the top down, is the most indented subclass array in which any classifications are assigned.

If mandatory classifications are in different classes, the selection is based on:

• Priority of statutory category of invention
• Superiority of types of subject matter
• Related subject listing in the manual of classification

To learn more:

• original classification
• patent classification
• mandatory classifications
• cross-references