How do examiners handle applications they believe are improperly assigned to their docket?

When examiners encounter applications they believe are improperly assigned to their docket, the process is as follows:

1. If the issue is based on classification, the examiner initiates a transfer request to the appropriate examiner or art unit.
2. For issues not related to classification (e.g., potentially a utility application), the examiner should:
• Email the TC 2900 docketing POC for evaluation.
• If deemed improper, the application will be removed and reassigned.
• If deemed proper after reevaluation, the case returns to the original examiner for examination as a design application.

The MPEP states: If an examiner encounters an assigned application that appears to be improper for their docket based on a factor other than the classification of the application (e.g. could be considered a utility application), the examiner should send an email to the TC 2900 docketing POC for evaluation of the application. (MPEP 909.02(d))

To learn more:

• patent application assignment
• examiner docket
• application transfer
• TC 2900
• improper assignment