MPEP § 905.03(b) — Approach to classification in CPC (Annotated Rules)

§905.03(b) Approach to classification in CPC

USPTO MPEP version: BlueIron's Update: 2025-12-31

This page consolidates and annotates all enforceable requirements under MPEP § 905.03(b), 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.

Approach to classification in CPC

This section addresses Approach to classification in CPC. Contains: 9 requirements, 1 guidance statement, and 2 other statements.

Key Rules

Topic

Secrecy Orders

31 rules
MPEP GuidanceRequiredAlways
[mpep-905-03-b-e15b6c98297c1dbbefcff9fe]
Classification of Invention Information and Novel Components
Note:
This rule requires classifying all claimed subject matter, unclaimed novel components, and additional useful information in a patent document according to CPC standards.
The general rules for identifying the subject matter to classify in CPC are as follows:
  • (A) All subject matter covered by the claims of a patent document must be classified as invention information along with any novel and unobvious constituents or components (subcombinations) of the claimed subject matter. Classification should be based on the subject matter of each claim as a whole and on each inventive embodiment within a claim.
  • (B) Any unclaimed subject matter in the disclosure that is novel and unobvious must also be classified as invention information.
  • (C) It is desirable to classify or index any additional information complementing the invention information, mentioned in the claims or in the unclaimed disclosure, if it is useful for search purposes.
  • (D) A subcombination of the subject of the invention if the subcombination is itself novel and non-obvious.
Jump to MPEP SourceSecrecy OrdersObviousness
MPEP GuidanceRequiredAlways
[mpep-905-03-b-2aee72ff62d3cbe32f201c67]
Claims Must Classify Invention Components
Note:
All subject matter covered by the claims must be classified as invention information, including any novel and unobvious constituents or components of the claimed subject matter.

The general rules for identifying the subject matter to classify in CPC are as follows (A) All subject matter covered by the claims of a patent document must be classified as invention information along with any novel and unobvious constituents or components (subcombinations) of the claimed subject matter. Classification should be based on the subject matter of each claim as a whole and on each inventive embodiment within a claim.

Jump to MPEP SourceSecrecy Orders
MPEP GuidanceRecommendedAlways
[mpep-905-03-b-3a7e4f814e2c03ea44aa41b5]
Classification Based on Claim Subject Matter
Note:
Claims must be classified based on the overall subject matter and each inventive embodiment within them.

The general rules for identifying the subject matter to classify in CPC are as follows (A) All subject matter covered by the claims of a patent document must be classified as invention information along with any novel and unobvious constituents or components (subcombinations) of the claimed subject matter. Classification should be based on the subject matter of each claim as a whole and on each inventive embodiment within a claim.

Jump to MPEP SourceSecrecy Orders
MPEP GuidanceRequiredAlways
[mpep-905-03-b-f23f7abde8a081afb86dd0b6]
Novel and Nonobvious Unclaimed Matter Must Be Classified as Invention Information
Note:
Any unclaimed subject matter in the disclosure that is novel and nonobvious must be classified as invention information.

The general rules for identifying the subject matter to classify in CPC are as follows:

(B) Any unclaimed subject matter in the disclosure that is novel and unobvious must also be classified as invention information.

Jump to MPEP SourceSecrecy Orders
MPEP GuidanceRequiredAlways
[mpep-905-03-b-c2912ada3ec4087c24835bec]
Procedure for Identifying Appropriate CPC Groups
Note:
Describes the steps to identify subclasses and groups in the CPC system that cover the subject matter of an invention.
The general procedure for identifying the appropriate groups for covering the subject matter to be classified is as follows:
  • (A) Identify the appropriate subclasses covering the subject matter to be classified.
    • (1) The scope of a subclass is defined by its title and definition. In order to determine a candidate subclass for classification one must review the titles of available subclasses for scope coverage.
    • (2) After a candidate subclass has been identified, the subclass notes, references and definition should be consulted to verify that the scope of the subclass covers the subject matter to be classified.
    • (3) The preceding steps should be repeated until a candidate subclass is verified to cover the subject matter to be classified.
  • (B) Identify the appropriate group(s) covering the subject matter to be classified. The technical subject matter of many inventions is completely covered by only one group in the subclass. In this situation, classification is made in the one group covering the technical subject matter of the invention. When multiple groups cover the technical subject matter of a single invention, classification is generally made in the group which most completely covers the invention. Within a group array, a group that covers the technical subject matter of the invention to be classified generally covers the subject matter more completely than the parent of that group. When multiple groups cover the invention equally well, groups are selected according to the following rules:
    • (1) Identify candidate main groups that cover the subject matter to be classified.
    • (2) Verify that the notes, references, and definitions do not exclude the subject matter to be classified, and that the group is in active use (not under reclassification).
    • (a) In the case where the Last Place Priority Rule (LPPR) is applicable to the groups under consideration, then the group lowest in the scheme is selected for classification.
    • (b) In the case where the First Place Priority Rule (FPPR) is applicable to the groups under consideration, then the group highest in the scheme is selected for classification.
    • (c) In the case where neither LPPR nor FPPR are applicable to the groups under consideration, then classification is made in each group.
    • (3) Whenever classifying into a group, the scheme notes and definitions should be consulted for guidance regarding special rules of classification applicable to the CPC groups at issue, such as the requirement for Multiple Aspect classification or Indexing.
    • (4) Whenever classifying into a group, the scheme should always be consulted for precedence notes and references that indicate a preference for classification in another group. Precedence notes and limiting reference should always be followed when applicable.
    • (5) Identify application/functional classification places. Occasionally, two or more subclasses/groups are identified that cover the disclosed invention information from different aspects. For example, one classification place might cover specific uses of the invention, whereas the second classification place may cover the generic uses of the invention. These types of coverage are respectively referred to as application and functional classification places. In general, classification is made in the application classification place when application specific adaptations are disclosed. For example, a pump specially adapted to replace a heart is classified in A61M 1/10, whereas pumps, in general, without any disclosed special adaptation are classified in F04B, F04C, F04D, or F04F depending on the specific structure of the pump. When uses of inventions are nominally disclosed, classification is generally made in functional classification places.
    • (6) Identify genus/species classification places.
      • (a) In the case where an invention is generically disclosed classification is made to the classification place covering the generic invention. Even in cases where species are nominally disclosed, such as by name only, classification is still made to the generic classification place.
      • (b) In the case where fully enabled species are disclosed, classification is required in the classification places covering the individual species.
    • (7) Identify residual classification places In the event a classification place that explicitly covers the technical features of the invention to be classified cannot be identified, then classification should be made to a “residual” classification place. Residual classification places can be found at both subclass and group levels. Residual classification places are identifiable by their titles, which typically indicate they cover subject matter not elsewhere covered.
Jump to MPEP SourceSecrecy Orders
MPEP GuidanceRequiredAlways
[mpep-905-03-b-3062a4bdaae4927aa5d0d260]
Subclass Defined by Title and Definition
Note:
The scope of a subclass is determined by its title and definition, guiding the classification of subject matter.

The general procedure for identifying the appropriate groups for covering the subject matter to be classified is as follows:
(A) Identify the appropriate subclasses covering the subject matter to be classified. (1) The scope of a subclass is defined by its title and definition. In order to determine a candidate subclass for classification one must review the titles of available subclasses for scope coverage.

Jump to MPEP SourceSecrecy Orders
MPEP GuidanceRequiredAlways
[mpep-905-03-b-1218515ace6a5134d292774d]
Review Subclass Titles for Coverage
Note:
Candidates for classification must be reviewed by examining the titles of available subclasses to ensure scope coverage.

The general procedure for identifying the appropriate groups for covering the subject matter to be classified is as follows:
(A) Identify the appropriate subclasses covering the subject matter to be classified. (1) The scope of a subclass is defined by its title and definition. In order to determine a candidate subclass for classification one must review the titles of available subclasses for scope coverage.

Jump to MPEP SourceSecrecy Orders
MPEP GuidanceRecommendedAlways
[mpep-905-03-b-3020418effbc8404e8809164]
Verify Subclass Coverage for Classification
Note:
Ensure the identified subclass covers the subject matter to be classified by consulting notes, references, and definitions.

The general procedure for identifying the appropriate groups for covering the subject matter to be classified is as follows:
(A) Identify the appropriate subclasses covering the subject matter to be classified.

(2) After a candidate subclass has been identified, the subclass notes, references and definition should be consulted to verify that the scope of the subclass covers the subject matter to be classified.

Jump to MPEP SourceSecrecy Orders
MPEP GuidanceRecommendedAlways
[mpep-905-03-b-9f7768df01330779d6bf787d]
Verify Candidate Subclass Covers Subject Matter
Note:
Ensure the selected subclass accurately covers the subject matter to be classified.

The general procedure for identifying the appropriate groups for covering the subject matter to be classified is as follows:
(A) Identify the appropriate subclasses covering the subject matter to be classified.

(3) The preceding steps should be repeated until a candidate subclass is verified to cover the subject matter to be classified.

Jump to MPEP SourceSecrecy Orders
MPEP GuidanceRequiredAlways
[mpep-905-03-b-5b474d0351fe7a08d538585e]
Subclass Identification Required for Classification
Note:
The rule requires identifying the appropriate subclasses to cover the subject matter being classified.
(A) Identify the appropriate subclasses covering the subject matter to be classified.
  • (1) The scope of a subclass is defined by its title and definition. In order to determine a candidate subclass for classification one must review the titles of available subclasses for scope coverage.
  • (2) After a candidate subclass has been identified, the subclass notes, references and definition should be consulted to verify that the scope of the subclass covers the subject matter to be classified.
  • (3) The preceding steps should be repeated until a candidate subclass is verified to cover the subject matter to be classified.
Jump to MPEP SourceSecrecy Orders
MPEP GuidanceRequiredAlways
[mpep-905-03-b-cde7e86e52dac5ea402e4b30]
Verify Notes and Definitions Do Not Exclude Subject Matter
Note:
Ensure that the notes, references, and definitions do not exclude the subject matter to be classified and confirm that the group is in active use.

The general procedure for identifying the appropriate groups for covering the subject matter to be classified is as follows:
(B) Identify the appropriate group(s) covering the subject matter to be classified. The technical subject matter of many inventions is completely covered by only one group in the subclass. In this situation, classification is made in the one group covering the technical subject matter of the invention. When multiple groups cover the technical subject matter of a single invention, classification is generally made in the group which most completely covers the invention. Within a group array, a group that covers the technical subject matter of the invention to be classified generally covers the subject matter more completely than the parent of that group. When multiple groups cover the invention equally well, groups are selected according to the following rules:

(2) Verify that the notes, references, and definitions do not exclude the subject matter to be classified, and that the group is in active use (not under reclassification).

Jump to MPEP SourceSecrecy Orders
MPEP GuidanceRequiredAlways
[mpep-905-03-b-e7dbcddce03af09ac099d5b4]
Group Lowest in Scheme Selected for Classification When LPPR Applies
Note:
When multiple groups cover an invention and the Last Place Priority Rule applies, select the group lowest in the scheme for classification.

The general procedure for identifying the appropriate groups for covering the subject matter to be classified is as follows:
(B) Identify the appropriate group(s) covering the subject matter to be classified. The technical subject matter of many inventions is completely covered by only one group in the subclass. In this situation, classification is made in the one group covering the technical subject matter of the invention. When multiple groups cover the technical subject matter of a single invention, classification is generally made in the group which most completely covers the invention. Within a group array, a group that covers the technical subject matter of the invention to be classified generally covers the subject matter more completely than the parent of that group. When multiple groups cover the invention equally well, groups are selected according to the following rules:

(a) In the case where the Last Place Priority Rule (LPPR) is applicable to the groups under consideration, then the group lowest in the scheme is selected for classification.

Jump to MPEP SourceSecrecy Orders
MPEP GuidanceRequiredAlways
[mpep-905-03-b-e49c9e18bee74effce313cbb]
Group Highest in Scheme for FPPR
Note:
When multiple groups cover an invention, select the group highest in the scheme for classification under the First Place Priority Rule.

The general procedure for identifying the appropriate groups for covering the subject matter to be classified is as follows:
(B) Identify the appropriate group(s) covering the subject matter to be classified. The technical subject matter of many inventions is completely covered by only one group in the subclass. In this situation, classification is made in the one group covering the technical subject matter of the invention. When multiple groups cover the technical subject matter of a single invention, classification is generally made in the group which most completely covers the invention. Within a group array, a group that covers the technical subject matter of the invention to be classified generally covers the subject matter more completely than the parent of that group. When multiple groups cover the invention equally well, groups are selected according to the following rules:

(b) In the case where the First Place Priority Rule (FPPR) is applicable to the groups under consideration, then the group highest in the scheme is selected for classification.

Jump to MPEP SourceSecrecy Orders
MPEP GuidanceRequiredAlways
[mpep-905-03-b-35818c12aea89c0a19b37bfd]
When Multiple Groups Cover Invention, Classify in Each
Note:
If multiple groups cover the technical subject matter of an invention equally well, classify it in each group.

The general procedure for identifying the appropriate groups for covering the subject matter to be classified is as follows:
(B) Identify the appropriate group(s) covering the subject matter to be classified. The technical subject matter of many inventions is completely covered by only one group in the subclass. In this situation, classification is made in the one group covering the technical subject matter of the invention. When multiple groups cover the technical subject matter of a single invention, classification is generally made in the group which most completely covers the invention. Within a group array, a group that covers the technical subject matter of the invention to be classified generally covers the subject matter more completely than the parent of that group. When multiple groups cover the invention equally well, groups are selected according to the following rules:

(c) In the case where neither LPPR nor FPPR are applicable to the groups under consideration, then classification is made in each group.

Jump to MPEP SourceSecrecy Orders
MPEP GuidanceRecommendedAlways
[mpep-905-03-b-3269da358266b598a27d8adf]
Guidance for Group Classification
Note:
Consult scheme notes and definitions for special rules of classification applicable to CPC groups when multiple groups cover the invention equally well.

The general procedure for identifying the appropriate groups for covering the subject matter to be classified is as follows:
(B) Identify the appropriate group(s) covering the subject matter to be classified. The technical subject matter of many inventions is completely covered by only one group in the subclass. In this situation, classification is made in the one group covering the technical subject matter of the invention. When multiple groups cover the technical subject matter of a single invention, classification is generally made in the group which most completely covers the invention. Within a group array, a group that covers the technical subject matter of the invention to be classified generally covers the subject matter more completely than the parent of that group. When multiple groups cover the invention equally well, groups are selected according to the following rules:

(3) Whenever classifying into a group, the scheme notes and definitions should be consulted for guidance regarding special rules of classification applicable to the CPC groups at issue, such as the requirement for Multiple Aspect classification or Indexing.

Jump to MPEP SourceSecrecy Orders
MPEP GuidanceRecommendedAlways
[mpep-905-03-b-6a4f1be48b8013d079bb53fc]
Precedence Notes for Classification
Note:
When classifying an invention, consult the scheme for precedence notes that indicate a preference for another group.

The general procedure for identifying the appropriate groups for covering the subject matter to be classified is as follows:
(B) Identify the appropriate group(s) covering the subject matter to be classified. The technical subject matter of many inventions is completely covered by only one group in the subclass. In this situation, classification is made in the one group covering the technical subject matter of the invention. When multiple groups cover the technical subject matter of a single invention, classification is generally made in the group which most completely covers the invention. Within a group array, a group that covers the technical subject matter of the invention to be classified generally covers the subject matter more completely than the parent of that group. When multiple groups cover the invention equally well, groups are selected according to the following rules:

(4) Whenever classifying into a group, the scheme should always be consulted for precedence notes and references that indicate a preference for classification in another group.

Jump to MPEP SourceSecrecy Orders
MPEP GuidanceRecommendedAlways
[mpep-905-03-b-514000a57004beddb8bda653]
Precedence Notes Must Be Followed
Note:
When multiple groups cover the same invention, classification should follow precedence notes and limiting references.

The general procedure for identifying the appropriate groups for covering the subject matter to be classified is as follows:
(B) Identify the appropriate group(s) covering the subject matter to be classified. The technical subject matter of many inventions is completely covered by only one group in the subclass. In this situation, classification is made in the one group covering the technical subject matter of the invention. When multiple groups cover the technical subject matter of a single invention, classification is generally made in the group which most completely covers the invention. Within a group array, a group that covers the technical subject matter of the invention to be classified generally covers the subject matter more completely than the parent of that group. When multiple groups cover the invention equally well, groups are selected according to the following rules:

Precedence notes and limiting reference should always be followed when applicable.

Jump to MPEP SourceSecrecy Orders
MPEP GuidanceRequiredAlways
[mpep-905-03-b-8227c381d2e0a7b4eb358b17]
Identify Application and Functional Classification Places
Note:
Determine the appropriate classification places for inventions that are covered by multiple groups, distinguishing between application-specific adaptations and generic uses.

The general procedure for identifying the appropriate groups for covering the subject matter to be classified is as follows:
(B) Identify the appropriate group(s) covering the subject matter to be classified. The technical subject matter of many inventions is completely covered by only one group in the subclass. In this situation, classification is made in the one group covering the technical subject matter of the invention. When multiple groups cover the technical subject matter of a single invention, classification is generally made in the group which most completely covers the invention. Within a group array, a group that covers the technical subject matter of the invention to be classified generally covers the subject matter more completely than the parent of that group. When multiple groups cover the invention equally well, groups are selected according to the following rules:

(5) Identify application/functional classification places.

Jump to MPEP SourceSecrecy Orders
MPEP GuidanceRequiredAlways
[mpep-905-03-b-b8270557c3183dc45dfbaf81]
Classification in Application vs Function
Note:
Determine if to classify an invention based on its specific application or general function when multiple groups cover the same technical subject matter.

The general procedure for identifying the appropriate groups for covering the subject matter to be classified is as follows:
(B) Identify the appropriate group(s) covering the subject matter to be classified. The technical subject matter of many inventions is completely covered by only one group in the subclass. In this situation, classification is made in the one group covering the technical subject matter of the invention. When multiple groups cover the technical subject matter of a single invention, classification is generally made in the group which most completely covers the invention. Within a group array, a group that covers the technical subject matter of the invention to be classified generally covers the subject matter more completely than the parent of that group. When multiple groups cover the invention equally well, groups are selected according to the following rules:

Occasionally, two or more subclasses/groups are identified that cover the disclosed invention information from different aspects.

Jump to MPEP SourceSecrecy Orders
MPEP GuidancePermittedAlways
[mpep-905-03-b-cbf14482c2423bae3e95e3d8]
Functional Classification Places for Inventions with Multiple Aspects
Note:
When an invention is covered by multiple groups, classify it in the group that addresses specific uses of the invention if application-specific adaptations are disclosed.

The general procedure for identifying the appropriate groups for covering the subject matter to be classified is as follows:
(B) Identify the appropriate group(s) covering the subject matter to be classified. The technical subject matter of many inventions is completely covered by only one group in the subclass. In this situation, classification is made in the one group covering the technical subject matter of the invention. When multiple groups cover the technical subject matter of a single invention, classification is generally made in the group which most completely covers the invention. Within a group array, a group that covers the technical subject matter of the invention to be classified generally covers the subject matter more completely than the parent of that group. When multiple groups cover the invention equally well, groups are selected according to the following rules:

For example, one classification place might cover specific uses of the invention, whereas the second classification place may cover the generic uses of the invention.

Jump to MPEP SourceSecrecy Orders
MPEP GuidanceRequiredAlways
[mpep-905-03-b-b0035737e81d79b9b77af5bd]
Classification in Application vs Functional Places
Note:
Determine whether to classify an invention based on its specific uses (application) or generic functions (functional classification places).

The general procedure for identifying the appropriate groups for covering the subject matter to be classified is as follows:
(B) Identify the appropriate group(s) covering the subject matter to be classified. The technical subject matter of many inventions is completely covered by only one group in the subclass. In this situation, classification is made in the one group covering the technical subject matter of the invention. When multiple groups cover the technical subject matter of a single invention, classification is generally made in the group which most completely covers the invention. Within a group array, a group that covers the technical subject matter of the invention to be classified generally covers the subject matter more completely than the parent of that group. When multiple groups cover the invention equally well, groups are selected according to the following rules:

These types of coverage are respectively referred to as application and functional classification places.

Jump to MPEP SourceSecrecy Orders
MPEP GuidanceRequiredAlways
[mpep-905-03-b-1ba0ccd7831de3e1819c20ec]
Classification Made in Application Specific Adaptations Disclosed
Note:
When specific adaptations are disclosed, classification is made in the application classification place rather than functional classification places.

The general procedure for identifying the appropriate groups for covering the subject matter to be classified is as follows:
(B) Identify the appropriate group(s) covering the subject matter to be classified. The technical subject matter of many inventions is completely covered by only one group in the subclass. In this situation, classification is made in the one group covering the technical subject matter of the invention. When multiple groups cover the technical subject matter of a single invention, classification is generally made in the group which most completely covers the invention. Within a group array, a group that covers the technical subject matter of the invention to be classified generally covers the subject matter more completely than the parent of that group. When multiple groups cover the invention equally well, groups are selected according to the following rules:

In general, classification is made in the application classification place when application specific adaptations are disclosed.

Jump to MPEP SourceSecrecy Orders
MPEP GuidanceRequiredAlways
[mpep-905-03-b-8c4f62ec50380b12c7666d01]
Application Specific Adaptations Require Special Classification
Note:
When an invention has specific adaptations, it should be classified in the group that covers those adaptations; otherwise, it is classified based on its general structure.

The general procedure for identifying the appropriate groups for covering the subject matter to be classified is as follows:
(B) Identify the appropriate group(s) covering the subject matter to be classified. The technical subject matter of many inventions is completely covered by only one group in the subclass. In this situation, classification is made in the one group covering the technical subject matter of the invention. When multiple groups cover the technical subject matter of a single invention, classification is generally made in the group which most completely covers the invention. Within a group array, a group that covers the technical subject matter of the invention to be classified generally covers the subject matter more completely than the parent of that group. When multiple groups cover the invention equally well, groups are selected according to the following rules:

For example, a pump specially adapted to replace a heart is classified in A61M 1/10, whereas pumps, in general, without any disclosed special adaptation are classified in F04B, F04C, F04D, or F04F depending on the specific structure of the pump.

Jump to MPEP SourceSecrecy Orders
MPEP GuidanceRequiredAlways
[mpep-905-03-b-c5bfff95d001913f4910df27]
Uses of Inventions Must Be Classified Functionally When Nominally Disclosed
Note:
When inventions are disclosed with specific uses, they should be classified in the functional classification place that covers those uses.

The general procedure for identifying the appropriate groups for covering the subject matter to be classified is as follows:
(B) Identify the appropriate group(s) covering the subject matter to be classified. The technical subject matter of many inventions is completely covered by only one group in the subclass. In this situation, classification is made in the one group covering the technical subject matter of the invention. When multiple groups cover the technical subject matter of a single invention, classification is generally made in the group which most completely covers the invention. Within a group array, a group that covers the technical subject matter of the invention to be classified generally covers the subject matter more completely than the parent of that group. When multiple groups cover the invention equally well, groups are selected according to the following rules:

When uses of inventions are nominally disclosed, classification is generally made in functional classification places.

Jump to MPEP SourceSecrecy Orders
MPEP GuidanceRequiredAlways
[mpep-905-03-b-887235ed6c364181f9331d87]
Classification for Generically Disclosed Inventions
Note:
When an invention is generically disclosed, it must be classified in the most comprehensive group covering the generic invention, even if specific species are nominally mentioned.

The general procedure for identifying the appropriate groups for covering the subject matter to be classified is as follows:
(B) Identify the appropriate group(s) covering the subject matter to be classified. The technical subject matter of many inventions is completely covered by only one group in the subclass. In this situation, classification is made in the one group covering the technical subject matter of the invention. When multiple groups cover the technical subject matter of a single invention, classification is generally made in the group which most completely covers the invention. Within a group array, a group that covers the technical subject matter of the invention to be classified generally covers the subject matter more completely than the parent of that group. When multiple groups cover the invention equally well, groups are selected according to the following rules:
(6) Identify genus/species classification places. (a) In the case where an invention is generically disclosed classification is made to the classification place covering the generic invention. Even in cases where species are nominally disclosed, such as by name only, classification is still made to the generic classification place.

Jump to MPEP SourceSecrecy Orders
MPEP GuidanceRequiredAlways
[mpep-905-03-b-e999d36e033bdaace140b293]
Classification to Generic Place Even with Named Species
Note:
Even if species are named, classification must be made to the generic classification place that covers the invention more completely.

The general procedure for identifying the appropriate groups for covering the subject matter to be classified is as follows:
(B) Identify the appropriate group(s) covering the subject matter to be classified. The technical subject matter of many inventions is completely covered by only one group in the subclass. In this situation, classification is made in the one group covering the technical subject matter of the invention. When multiple groups cover the technical subject matter of a single invention, classification is generally made in the group which most completely covers the invention. Within a group array, a group that covers the technical subject matter of the invention to be classified generally covers the subject matter more completely than the parent of that group. When multiple groups cover the invention equally well, groups are selected according to the following rules:
(6) Identify genus/species classification places. (a) In the case where an invention is generically disclosed classification is made to the classification place covering the generic invention. Even in cases where species are nominally disclosed, such as by name only, classification is still made to the generic classification place.

Jump to MPEP SourceSecrecy Orders
MPEP GuidanceRequiredAlways
[mpep-905-03-b-9111f2dddfc159643ba94fb2]
Classification Required for Fully Enabled Species
Note:
When fully enabled species are disclosed, classification is required in the specific groups covering each individual species.

The general procedure for identifying the appropriate groups for covering the subject matter to be classified is as follows:
(B) Identify the appropriate group(s) covering the subject matter to be classified. The technical subject matter of many inventions is completely covered by only one group in the subclass. In this situation, classification is made in the one group covering the technical subject matter of the invention. When multiple groups cover the technical subject matter of a single invention, classification is generally made in the group which most completely covers the invention. Within a group array, a group that covers the technical subject matter of the invention to be classified generally covers the subject matter more completely than the parent of that group. When multiple groups cover the invention equally well, groups are selected according to the following rules:
(6) Identify genus/species classification places.

(b) In the case where fully enabled species are disclosed, classification is required in the classification places covering the individual species.

Jump to MPEP SourceSecrecy Orders
MPEP GuidanceRequiredAlways
[mpep-905-03-b-8211f0adc8eed26911fd37e3]
Residual Classification When No Exact Match Found
Note:
If no group explicitly covers the invention, classify to a residual place at subclass or group level.

The general procedure for identifying the appropriate groups for covering the subject matter to be classified is as follows:
(B) Identify the appropriate group(s) covering the subject matter to be classified. The technical subject matter of many inventions is completely covered by only one group in the subclass. In this situation, classification is made in the one group covering the technical subject matter of the invention. When multiple groups cover the technical subject matter of a single invention, classification is generally made in the group which most completely covers the invention. Within a group array, a group that covers the technical subject matter of the invention to be classified generally covers the subject matter more completely than the parent of that group. When multiple groups cover the invention equally well, groups are selected according to the following rules:

(7) Identify residual classification places

Jump to MPEP SourceSecrecy Orders
MPEP GuidanceProhibitedAlways
[mpep-905-03-b-28239c67fcfc49553b6edf2a]
Residual Classification When No Exact Match Found
Note:
When no group explicitly covers the technical features of an invention, classify to a residual classification place.

The general procedure for identifying the appropriate groups for covering the subject matter to be classified is as follows:
(B) Identify the appropriate group(s) covering the subject matter to be classified. The technical subject matter of many inventions is completely covered by only one group in the subclass. In this situation, classification is made in the one group covering the technical subject matter of the invention. When multiple groups cover the technical subject matter of a single invention, classification is generally made in the group which most completely covers the invention. Within a group array, a group that covers the technical subject matter of the invention to be classified generally covers the subject matter more completely than the parent of that group. When multiple groups cover the invention equally well, groups are selected according to the following rules:

In the event a classification place that explicitly covers the technical features of the invention to be classified cannot be identified, then classification should be made to a “residual” classification place.

Jump to MPEP SourceSecrecy Orders
MPEP GuidancePermittedAlways
[mpep-905-03-b-00c0846c2b2bd8ab99bb5383]
Residual Classification Places Can Be Found at Subclass and Group Levels
Note:
When no specific classification place is found, residual places can be located in both subclasses and groups.

The general procedure for identifying the appropriate groups for covering the subject matter to be classified is as follows:
(B) Identify the appropriate group(s) covering the subject matter to be classified. The technical subject matter of many inventions is completely covered by only one group in the subclass. In this situation, classification is made in the one group covering the technical subject matter of the invention. When multiple groups cover the technical subject matter of a single invention, classification is generally made in the group which most completely covers the invention. Within a group array, a group that covers the technical subject matter of the invention to be classified generally covers the subject matter more completely than the parent of that group. When multiple groups cover the invention equally well, groups are selected according to the following rules:

Residual classification places can be found at both subclass and group levels.

Jump to MPEP SourceSecrecy Orders
MPEP GuidanceRequiredAlways
[mpep-905-03-b-3c266b74c309b24f38bbaff3]
Residual Classification Places Identified by Titles
Note:
Identify residual classification places using titles that indicate coverage of unique subject matter.

The general procedure for identifying the appropriate groups for covering the subject matter to be classified is as follows:
(B) Identify the appropriate group(s) covering the subject matter to be classified. The technical subject matter of many inventions is completely covered by only one group in the subclass. In this situation, classification is made in the one group covering the technical subject matter of the invention. When multiple groups cover the technical subject matter of a single invention, classification is generally made in the group which most completely covers the invention. Within a group array, a group that covers the technical subject matter of the invention to be classified generally covers the subject matter more completely than the parent of that group. When multiple groups cover the invention equally well, groups are selected according to the following rules:

Residual classification places are identifiable by their titles, which typically indicate they cover subject matter not elsewhere covered.

Jump to MPEP SourceSecrecy Orders
Topic

Signatory Authority Review

3 rules
MPEP GuidanceInformativeAlways
[mpep-905-03-b-f4105bd26ccac991068b71db]
Primary Examiner Must Review Classification Picture
Note:
Each primary examiner is required to personally review the classification picture of an application before it is issued.

When an application is passed to issue, it is the duty of each primary examiner to personally review the classification picture of the application in the issuing classification boxes on the Issue Classification form. This form provides space for the full name of the "Primary Examiner" to show that the review has been made. An examiner with full signatory authority who acts personally on an application and sends it to issue should stamp and sign their name on the Issue Classification form ONLY in the "Primary Examiner" space.

Jump to MPEP SourceSignatory Authority ReviewAllowance Quality Review
MPEP GuidanceInformativeAlways
[mpep-905-03-b-bca96bd739cf6d5e61425df5]
Primary Examiner Must Sign Issue Classification Form
Note:
The primary examiner must sign and stamp their name on the Issue Classification form to indicate that they have reviewed the application's classification picture.

When an application is passed to issue, it is the duty of each primary examiner to personally review the classification picture of the application in the issuing classification boxes on the Issue Classification form. This form provides space for the full name of the "Primary Examiner" to show that the review has been made. An examiner with full signatory authority who acts personally on an application and sends it to issue should stamp and sign their name on the Issue Classification form ONLY in the "Primary Examiner" space.

Jump to MPEP SourceSignatory Authority ReviewAllowance Quality Review
MPEP GuidanceRecommendedAlways
[mpep-905-03-b-0f296dd256a9a3d1fb54433c]
Primary Examiner Must Sign Issue Classification Form
Note:
An examiner with full signatory authority who personally reviews and issues an application must stamp and sign their name in the 'Primary Examiner' space on the Issue Classification form.

When an application is passed to issue, it is the duty of each primary examiner to personally review the classification picture of the application in the issuing classification boxes on the Issue Classification form. This form provides space for the full name of the "Primary Examiner" to show that the review has been made. An examiner with full signatory authority who acts personally on an application and sends it to issue should stamp and sign their name on the Issue Classification form ONLY in the "Primary Examiner" space.

Jump to MPEP SourceSignatory Authority ReviewAllowance Quality Review
Topic

35 U.S.C. 103 – Obviousness

1 rules
MPEP GuidanceRequiredAlways
[mpep-905-03-b-153a31801fc1001ff1780181]
Subcombination Must Be Novel and Non-Obvious
Note:
A subcombination of the invention is required to be novel and non-obvious to be classified.

The general rules for identifying the subject matter to classify in CPC are as follows:

(D) A subcombination of the subject of the invention if the subcombination is itself novel and non-obvious.

Citations

Primary topicCitation
MPEP § 905.02

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.

BlueIron Last Updated: 2025-12-31