MPEP § 1302.09 — Classification, Print Figure, and Other Notations (Annotated Rules)
§1302.09 Classification, Print Figure, and Other Notations
This page consolidates and annotates all enforceable requirements under MPEP § 1302.09, 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.
Classification, Print Figure, and Other Notations
This section addresses Classification, Print Figure, and Other Notations. Primary authority: 35 U.S.C. 119(e). Contains: 2 requirements, 1 prohibition, 4 guidance statements, 1 permission, and 2 other statements.
Key Rules
Official Gazette – Patents (MPEP 1730)
Ordinarily a single figure is selected for printing. This figure should be consistent with the claim to be printed in the Official Gazette. The figure to be printed in the Official Gazette must not be one that is labeled “prior art.” If there is no figure illustrative of or helpful in understanding the claimed invention, no figure need be selected. “None” may be written in the box labeled “ Print Fig.”on the Issue Classification Sheet.
Ordinarily a single figure is selected for printing. This figure should be consistent with the claim to be printed in the Official Gazette. The figure to be printed in the Official Gazette must not be one that is labeled “prior art.” If there is no figure illustrative of or helpful in understanding the claimed invention, no figure need be selected. “None” may be written in the box labeled “ Print Fig.”on the Issue Classification Sheet.
Ordinarily a single figure is selected for printing. This figure should be consistent with the claim to be printed in the Official Gazette. The figure to be printed in the Official Gazette must not be one that is labeled “prior art.” If there is no figure illustrative of or helpful in understanding the claimed invention, no figure need be selected. “None” may be written in the box labeled “ Print Fig.”on the Issue Classification Sheet.
Ordinarily a single figure is selected for printing. This figure should be consistent with the claim to be printed in the Official Gazette. The figure to be printed in the Official Gazette must not be one that is labeled “prior art.” If there is no figure illustrative of or helpful in understanding the claimed invention, no figure need be selected. “None” may be written in the box labeled “ Print Fig.”on the Issue Classification Sheet.
Ordinarily a single figure is selected for printing. This figure should be consistent with the claim to be printed in the Official Gazette. The figure to be printed in the Official Gazette must not be one that is labeled “prior art.” If there is no figure illustrative of or helpful in understanding the claimed invention, no figure need be selected. “None” may be written in the box labeled “ Print Fig.”on the Issue Classification Sheet.
Domestic Benefit Claims (35 U.S.C. 120/121)
Examiners must review the data regarding prior U.S. applications to make sure that the information is correct when preparing the application for issue. If any claim to domestic benefit under 35 U.S.C. 119(e), 120, 121, 365(c), or 386(c) is added, deleted, and/or modified during prosecution of the application and such addition, deletion, and/or modification has been approved, the examiner must make sure that the information in the Patent Data Portal database is current and up to date. If the Patent Data Portal has not been updated, the application must be forwarded to the Technology Center (TC) Legal Instrument Examiner, with an explanation of the correction to be made. Examiners should also review the data regarding prior provisional and foreign applications for accuracy.
Examiners must review the data regarding prior U.S. applications to make sure that the information is correct when preparing the application for issue. If any claim to domestic benefit under 35 U.S.C. 119(e), 120, 121, 365(c), or 386(c) is added, deleted, and/or modified during prosecution of the application and such addition, deletion, and/or modification has been approved, the examiner must make sure that the information in the Patent Data Portal database is current and up to date. If the Patent Data Portal has not been updated, the application must be forwarded to the Technology Center (TC) Legal Instrument Examiner, with an explanation of the correction to be made. Examiners should also review the data regarding prior provisional and foreign applications for accuracy.
Form of Reissue Patent
The claim or claims should be selected in accordance with the following instructions:
- (A) The broadest claim should be selected.
- (B) Examiners should ordinarily designate but one claim on each invention, although when a plurality of inventions are claimed in an application, additional claims up to a maximum of five may be designated for publication.
- (C) A dependent claim should not be selected unless the independent claim on which it depends is also printed. In the case where a multiple dependent claim is selected, the entire chain of claims for one embodiment should be listed.
- (D) In reissue applications, the broadest claim with changes or the broadest additional reissue claim should be selected for printing.
The claim or claims should be selected in accordance with the following instructions:
…
(D) In reissue applications, the broadest claim with changes or the broadest additional reissue claim should be selected for printing.
Examiner Action Status Tracking
Examiners must review the data regarding prior U.S. applications to make sure that the information is correct when preparing the application for issue. If any claim to domestic benefit under 35 U.S.C. 119(e), 120, 121, 365(c), or 386(c) is added, deleted, and/or modified during prosecution of the application and such addition, deletion, and/or modification has been approved, the examiner must make sure that the information in the Patent Data Portal database is current and up to date. If the Patent Data Portal has not been updated, the application must be forwarded to the Technology Center (TC) Legal Instrument Examiner, with an explanation of the correction to be made. Examiners should also review the data regarding prior provisional and foreign applications for accuracy.
Citations
| Primary topic | Citation |
|---|---|
| Domestic Benefit Claims (35 U.S.C. 120/121) Examiner Action Status Tracking | 35 U.S.C. § 119(e) |
| – | MPEP § 1302.13 |
| – | MPEP § 202 |
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 § 1302.09 — Classification, Print Figure, and Other Notations
Source: USPTO1302.09 Classification, Print Figure, and Other Notations [R-07.2022]
The examiner preparing the application for issue completes the Issue Classification sheet.
Examiners must review the data regarding prior U.S. applications to make sure that the information is correct when preparing the application for issue. If any claim to domestic benefit under 35 U.S.C. 119(e), 120, 121, 365(c), or 386(c) is added, deleted, and/or modified during prosecution of the application and such addition, deletion, and/or modification has been approved, the examiner must make sure that the information in the Patent Data Portal database is current and up to date. If the Patent Data Portal has not been updated, the application must be forwarded to the Technology Center (TC) Legal Instrument Examiner, with an explanation of the correction to be made. Examiners should also review the data regarding prior provisional and foreign applications for accuracy.
See MPEP § 202 for notations to be placed in the file history as to parent or prior U.S. applications, including provisional applications, and foreign patent applications.
See MPEP § 1302.13 for name of examiner.
Examiners, when preparing an application for issue, are to record the number of the claim selected for printing in the Official Gazette in the box labeled “PRINT CLAIM” on the Issue Classification Sheet.
The claim or claims should be selected in accordance with the following instructions:
- (A) The broadest claim should be selected.
- (B) Examiners should ordinarily designate but one claim on each invention, although when a plurality of inventions are claimed in an application, additional claims up to a maximum of five may be designated for publication.
- (C) A dependent claim should not be selected unless the independent claim on which it depends is also printed. In the case where a multiple dependent claim is selected, the entire chain of claims for one embodiment should be listed.
- (D) In reissue applications, the broadest claim with changes or the broadest additional reissue claim should be selected for printing.
When recording this information in the box provided, the following items should be kept in mind:
- (A) If multiple claims are selected, the claim numbers should be separated by commas.
- (B) The claim designated must be referred to by using the renumbered patent claim number rather than the original application claim number
Examiners, when preparing an application for issue, are to record the figure selected for printing in the Official Gazette in the box labeled “Print Fig.” on the Issue Classification sheet.
Ordinarily a single figure is selected for printing. This figure should be consistent with the claim to be printed in the Official Gazette. The figure to be printed in the Official Gazette must not be one that is labeled “prior art.” If there is no figure illustrative of or helpful in understanding the claimed invention, no figure need be selected. “None” may be written in the box labeled “Print Fig.”on the Issue Classification Sheet.