MPEP § 909.02(d) — Transfer Procedure (Annotated Rules)
§909.02(d) Transfer Procedure
This page consolidates and annotates all enforceable requirements under MPEP § 909.02(d), including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Transfer Procedure
This section addresses Transfer Procedure. Contains: 3 guidance statements, 1 permission, and 2 other statements.
Key Rules
Patent Classification Systems
When an examiner believes an application, either new or amended, does not belong in their customarily assigned art area, they may request transfer of the application from their docket (the “originating” examiner docket) to another examiner's docket or art unit (the “receiving” examiner or art unit docket). The originating examiner should determine the proposed classification of the application in question. If the classification is not easily determined, the examiner may need to perform a cursory search or place a call to the applicant to better understand the art area where the application should be placed.
When an examiner believes an application, either new or amended, does not belong in their customarily assigned art area, they may request transfer of the application from their docket (the “originating” examiner docket) to another examiner's docket or art unit (the “receiving” examiner or art unit docket). The originating examiner should determine the proposed classification of the application in question. If the classification is not easily determined, the examiner may need to perform a cursory search or place a call to the applicant to better understand the art area where the application should be placed.
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. If the application is deemed improper for that examiner’s docket, the application will be removed from the examiner’s docket, and will be appropriately reassigned by the TC 2900 docketing POC. In the event the application is deemed proper after reevaluation from the TC 2900 docketing POC, the case will be returned to the originating examiner’s docket and will be examined as a design application.
Plant Patent Subject Matter
All plant patent applications under 35 U.S.C. 161 are assigned and examined in Art Unit (AU) 1661. If an application is accidently routed to the AU which is not a plant application, the application will be manually rerouted to OPAP for routing to the appropriate AU.
Plant Patent Application Requirements
All plant patent applications under 35 U.S.C. 161 are assigned and examined in Art Unit (AU) 1661. If an application is accidently routed to the AU which is not a plant application, the application will be manually rerouted to OPAP for routing to the appropriate AU.
US Patent Classification (USPC)
When an examiner believes an application, either new or amended, does not belong in their customarily assigned art area, they may request transfer of the application from their docket (the “originating” examiner docket) to another examiner's docket or art unit (the “receiving” examiner or art unit docket). The originating examiner should determine the proposed classification of the application in question. If the classification is not easily determined, the examiner may need to perform a cursory search or place a call to the applicant to better understand the art area where the application should be placed.
Examiner Docket Management
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. If the application is deemed improper for that examiner’s docket, the application will be removed from the examiner’s docket, and will be appropriately reassigned by the TC 2900 docketing POC. In the event the application is deemed proper after reevaluation from the TC 2900 docketing POC, the case will be returned to the originating examiner’s docket and will be examined as a design application.
Design Application Requirements
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. If the application is deemed improper for that examiner’s docket, the application will be removed from the examiner’s docket, and will be appropriately reassigned by the TC 2900 docketing POC. In the event the application is deemed proper after reevaluation from the TC 2900 docketing POC, the case will be returned to the originating examiner’s docket and will be examined as a design application.
Citations
| Primary topic | Citation |
|---|---|
| Plant Patent Application Requirements Plant Patent Subject Matter | 35 U.S.C. § 161 |
Source Text from USPTO’s MPEP
This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.
Official MPEP § 909.02(d) — Transfer Procedure
Source: USPTO909.02(d) Transfer Procedure [R-07.2022]
I. TRANSFER OF DESIGN APPLICATIONSTechnology Center (TC) 2900 has developed internal procedures for transferring applications between examiners/art units and resolving application assignment disputes.
When an examiner believes an application, either new or amended, does not belong in their customarily assigned art area, they may request transfer of the application from their docket (the “originating” examiner docket) to another examiner’s docket or art unit (the “receiving” examiner or art unit docket). The originating examiner should determine the proposed classification of the application in question. If the classification is not easily determined, the examiner may need to perform a cursory search or place a call to the applicant to better understand the art area where the application should be placed.
To initiate the application transfer the examiner should send an email to the examiner who customarily examines the art of the proposed classification change (receiving examiner) and provide a full explanation of the reasons for the proposed classification.
If the receiving examiner has the authority to accept any application submitted to them that they believe is properly classifiable in a class in their customarily assigned art area, they classify and assign the application.
The decision as to the classification resolution and assignment of an application is customarily made by agreement between the examiners involved in the transfer. However, if no agreement can be reached between the examiners, the transfer request may be forwarded to the supervisors of the originating and receiving examiners for decision. If no agreement can be reached between the supervisors, the transfer request should be forwarded to the TC 2900 docketing POC for a final decision.
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. If the application is deemed improper for that examiner’s docket, the application will be removed from the examiner’s docket, and will be appropriately reassigned by the TC 2900 docketing POC. In the event the application is deemed proper after reevaluation from the TC 2900 docketing POC, the case will be returned to the originating examiner’s docket and will be examined as a design application.
II.TRANSFER OF PLANT APPLICATIONSAll plant patent applications under 35 U.S.C. 161 are assigned and examined in Art Unit (AU) 1661. If an application is accidently routed to the AU which is not a plant application, the application will be manually rerouted to OPAP for routing to the appropriate AU.