What is the significance of the “OR subclass” in patent application assignment?
The “OR subclass” plays a crucial role in determining the specific classification of a patent application within a broader class. The MPEP provides the following guidance:
“Within a class, looking down from the top of the schedule, the OR subclass is chosen from among the classifications of the claimed disclosure according to whichever one is the most indented subclass of the first subclass array.”
This means that when assigning an application to a specific subclass within a given class, examiners look for the most detailed (most indented) subclass that accurately describes the claimed invention. This approach ensures that applications are classified as specifically as possible, facilitating more precise searches and examinations.
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