What is the process for transferring design patent applications between examiners or art units?

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.

The process for transferring design patent applications between examiners or art units in Technology Center (TC) 2900 involves the following steps:

1. The originating examiner determines the proposed classification of the application.
2. The originating examiner emails the receiving examiner with a full explanation for the proposed classification change.
3. If the receiving examiner has the authority, they classify and assign the application.
4. If no agreement is reached, the transfer request is escalated to supervisors.
5. If supervisors cannot agree, the TC 2900 docketing POC makes the final decision.

As stated in the MPEP: To initiate the application transfer the examiner should send an email to the examiner who customarily examines the art of the proposed classification change (receiving examiner) and provide a full explanation of the reasons for the proposed classification. (MPEP 909.02(d))