When should a C* classification challenge be submitted for applications with restriction requirements?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

For applications with restriction requirements, a C* classification challenge should be submitted after an election has been made. MPEP 909.01(d) states:

“In those applications in which a restriction is considered proper by the examiner, an election must be made prior to the submission of C* challenge(s) so that the challenge may be decided based on the claims elected. The election may be made either telephonically or in writing.”

This ensures that the challenge is based on the specific claims that will be examined, leading to more accurate classification and assignment.