How is the proper Technology Center determined for a reexamination request?

The proper Technology Center (TC) for a reexamination request is determined based on the current classification of the patent being reexamined. According to MPEP 2237:

“The proper TC for reexamination is determined by the classification of the patent being reexamined.”

This means that:

  • The current classification of the patent is used, not the classification at the time of issuance.
  • If the patent’s classification has changed since issuance, the reexamination request should be sent to the TC that currently handles that technology area.
  • The Office of Patent Legal Administration (OPLA) can assist in determining the proper TC if there’s any uncertainty.

To learn more:

Topics: MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents, MPEP 2237 - Transfer Procedure, Patent Law, Patent Procedure
Tags: opla, Patent Classification, Reexamination Request, technology center