How are nonprovisional design and plant applications assigned for examination?

Nonprovisional design and plant applications are assigned for examination based on several general guidelines:

• Assignments follow the rules governing patent classification as much as possible.
• Applications are typically assigned based on where they would have an original classification if the claims were in a patent.
• The criteria for determining original classification are outlined in MPEP § 903.07.
• Claims are generally taken as they read, but must be interpreted in light of the disclosure.

As stated in the MPEP, The assignment of nonprovisional design and plant applications follows, as far as possible, the rules or principles governing the classification of patents. Applications are generally assigned on the basis of where the application would have an original classification, if the claims it contains were in a patent.

To learn more:

• patent assignment
• design applications
• plant applications
• patent classification
• examination procedure