MPEP § 903.04 — Classifying Applications for Publication as a Plant Patent Application Publication in USPC (Annotated Rules)
§903.04 Classifying Applications for Publication as a Plant Patent Application Publication in USPC
This page consolidates and annotates all enforceable requirements under MPEP § 903.04, 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.
Classifying Applications for Publication as a Plant Patent Application Publication in USPC
This section addresses Classifying Applications for Publication as a Plant Patent Application Publication in USPC. Contains: 1 requirement, 3 permissions, and 6 other statements.
Key Rules
Content of Patent Application Publication
Most patent applications filed on or after November 29, 2000, are published as a patent application publication pursuant to 35 U.S.C. 122(b), unless certain exceptions apply. See MPEP § 1120.
U.S. utility patents and U.S. utility patent application publications published after December 31, 2014 do not receive classifications within the USPC and only receive classification designations within the CPC. Only U.S. design and plant patents and U.S. plant patent application publications continue to receive classifications within the USPC. See MPEP § 905 for information on CPC.
Plant patent application publications are given a primary classification (equivalent to an original classification), and may also be given a secondary classification (equivalent to a cross reference). While there may be only one primary classification for a single plant patent application publication, there may be any number of secondary classifications. The selection of a primary classification of a plant patent application publication is based on the application’s main inventive concept using the claim as a guide. A primary classification could be any U.S. class/subclass (except cross reference art collections, digests and foreign art collection subclasses). A secondary classification is based on other inventive concepts (mandatory) or valuable disclosure (discretionary), and may be any U.S. class/subclass (including cross reference collections and digests, but excluding foreign art collection subclasses). The classification of a plant patent application publication is printed on the front page of the publication.
Plant patent application publications are given a primary classification (equivalent to an original classification), and may also be given a secondary classification (equivalent to a cross reference). While there may be only one primary classification for a single plant patent application publication, there may be any number of secondary classifications. The selection of a primary classification of a plant patent application publication is based on the application’s main inventive concept using the claim as a guide. A primary classification could be any U.S. class/subclass (except cross reference art collections, digests and foreign art collection subclasses). A secondary classification is based on other inventive concepts (mandatory) or valuable disclosure (discretionary), and may be any U.S. class/subclass (including cross reference collections and digests, but excluding foreign art collection subclasses). The classification of a plant patent application publication is printed on the front page of the publication.
Plant patent application publications are given a primary classification (equivalent to an original classification), and may also be given a secondary classification (equivalent to a cross reference). While there may be only one primary classification for a single plant patent application publication, there may be any number of secondary classifications. The selection of a primary classification of a plant patent application publication is based on the application’s main inventive concept using the claim as a guide. A primary classification could be any U.S. class/subclass (except cross reference art collections, digests and foreign art collection subclasses). A secondary classification is based on other inventive concepts (mandatory) or valuable disclosure (discretionary), and may be any U.S. class/subclass (including cross reference collections and digests, but excluding foreign art collection subclasses). The classification of a plant patent application publication is printed on the front page of the publication.
Plant patent application publications are given a primary classification (equivalent to an original classification), and may also be given a secondary classification (equivalent to a cross reference). While there may be only one primary classification for a single plant patent application publication, there may be any number of secondary classifications. The selection of a primary classification of a plant patent application publication is based on the application’s main inventive concept using the claim as a guide. A primary classification could be any U.S. class/subclass (except cross reference art collections, digests and foreign art collection subclasses). A secondary classification is based on other inventive concepts (mandatory) or valuable disclosure (discretionary), and may be any U.S. class/subclass (including cross reference collections and digests, but excluding foreign art collection subclasses). The classification of a plant patent application publication is printed on the front page of the publication.
Plant patent application publications are given a primary classification (equivalent to an original classification), and may also be given a secondary classification (equivalent to a cross reference). While there may be only one primary classification for a single plant patent application publication, there may be any number of secondary classifications. The selection of a primary classification of a plant patent application publication is based on the application’s main inventive concept using the claim as a guide. A primary classification could be any U.S. class/subclass (except cross reference art collections, digests and foreign art collection subclasses). A secondary classification is based on other inventive concepts (mandatory) or valuable disclosure (discretionary), and may be any U.S. class/subclass (including cross reference collections and digests, but excluding foreign art collection subclasses). The classification of a plant patent application publication is printed on the front page of the publication.
Plant Patent Practice
U.S. utility patents and U.S. utility patent application publications published after December 31, 2014 do not receive classifications within the USPC and only receive classification designations within the CPC. Only U.S. design and plant patents and U.S. plant patent application publications continue to receive classifications within the USPC. See MPEP § 905 for information on CPC.
Plant patent application publications are given a primary classification (equivalent to an original classification), and may also be given a secondary classification (equivalent to a cross reference). While there may be only one primary classification for a single plant patent application publication, there may be any number of secondary classifications. The selection of a primary classification of a plant patent application publication is based on the application’s main inventive concept using the claim as a guide. A primary classification could be any U.S. class/subclass (except cross reference art collections, digests and foreign art collection subclasses). A secondary classification is based on other inventive concepts (mandatory) or valuable disclosure (discretionary), and may be any U.S. class/subclass (including cross reference collections and digests, but excluding foreign art collection subclasses). The classification of a plant patent application publication is printed on the front page of the publication.
At least 9 weeks prior to the projected publication date, applications are classified using programs designed to enable entry of certain data required for publication of patent applications. Applications are classified by giving each application at least a primary classification and an international classification. The suggested international classification(s) corresponding to each assigned U.S. classification is provided. In addition, if a figure is to be published, the figure is selected at the time of classification.
Plant Patents and International Treaties
At least 9 weeks prior to the projected publication date, applications are classified using programs designed to enable entry of certain data required for publication of patent applications. Applications are classified by giving each application at least a primary classification and an international classification. The suggested international classification(s) corresponding to each assigned U.S. classification is provided. In addition, if a figure is to be published, the figure is selected at the time of classification.
At least 9 weeks prior to the projected publication date, applications are classified using programs designed to enable entry of certain data required for publication of patent applications. Applications are classified by giving each application at least a primary classification and an international classification. The suggested international classification(s) corresponding to each assigned U.S. classification is provided. In addition, if a figure is to be published, the figure is selected at the time of classification.
Secrecy Orders
At least 9 weeks prior to the projected publication date, applications are classified using programs designed to enable entry of certain data required for publication of patent applications. Applications are classified by giving each application at least a primary classification and an international classification. The suggested international classification(s) corresponding to each assigned U.S. classification is provided. In addition, if a figure is to be published, the figure is selected at the time of classification.
Citations
| Primary topic | Citation |
|---|---|
| Content of Patent Application Publication | 35 U.S.C. § 122(b) |
| Content of Patent Application Publication | MPEP § 1120 |
| Content of Patent Application Publication Plant Patent Practice | MPEP § 905 |
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 § 903.04 — Classifying Applications for Publication as a Plant Patent Application Publication in USPC
Source: USPTO903.04 Classifying Applications for Publication as a Plant Patent Application Publication in USPC [R-07.2022]
Most patent applications filed on or after November 29, 2000, are published as a patent application publication pursuant to 35 U.S.C. 122(b), unless certain exceptions apply. See MPEP § 1120.
U.S. utility patents and U.S. utility patent application publications published after December 31, 2014 do not receive classifications within the USPC and only receive classification designations within the CPC. Only U.S. design and plant patents and U.S. plant patent application publications continue to receive classifications within the USPC. See MPEP § 905 for information on CPC.
Plant patent application publications are given a primary classification (equivalent to an original classification), and may also be given a secondary classification (equivalent to a cross reference). While there may be only one primary classification for a single plant patent application publication, there may be any number of secondary classifications. The selection of a primary classification of a plant patent application publication is based on the application’s main inventive concept using the claim as a guide. A primary classification could be any U.S. class/subclass (except cross reference art collections, digests and foreign art collection subclasses). A secondary classification is based on other inventive concepts (mandatory) or valuable disclosure (discretionary), and may be any U.S. class/subclass (including cross reference collections and digests, but excluding foreign art collection subclasses). The classification of a plant patent application publication is printed on the front page of the publication.
At least 9 weeks prior to the projected publication date, applications are classified using programs designed to enable entry of certain data required for publication of patent applications. Applications are classified by giving each application at least a primary classification and an international classification. The suggested international classification(s) corresponding to each assigned U.S. classification is provided. In addition, if a figure is to be published, the figure is selected at the time of classification.