What should an examiner do if they disagree with the preliminary CPC classification of a patent application?

If an examiner disagrees with the preliminary CPC classification of a patent application, they should take the following steps:

1. Carefully review the application’s subject matter and claims.
2. Compare the invention with the definitions of the assigned CPC groups and subgroups.
3. Consult the CPC scheme and relevant classification definitions.
4. If necessary, conduct additional searches to determine the most appropriate classification.
5. Discuss the classification with colleagues or supervisors if unsure.
6. Reclassify the application if a more appropriate classification is identified.

The MPEP 909.01(a) states: “If the examiner determines that the preliminary classification is not consistent with the claimed subject matter, the examiner should forward the application to the classification unit for correction of the classification.” This ensures that the application is properly classified for efficient examination and prior art searching.

To learn more:

• CPC classification
• patent examiner
• preliminary classification
• reclassification