How are patent applications classified and assigned to examiners?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27
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.
According to MPEP 909.02(b), the classification and assignment process for patent applications is as follows:
For nonprovisional design and plant applications:
- Every new or amended application, including drawings, is classified and assigned to an examiner when first assigned to a Technology Center (TC).
- The supervisory patent examiner typically assigns the application to an examiner.
For provisional applications (Plant only):
- These are not classified or assigned, as they are not examined.
The MPEP states: “Every nonprovisional design and plant application, new or amended, and including the drawings, if any, when first assigned to a Technology Center (TC) must be classified and assigned to an examiner for examination.”