MPEP § 909.01(d) — Classification Challenge Procedure in CPC (Annotated Rules)
§909.01(d) Classification Challenge Procedure in CPC
This page consolidates and annotates all enforceable requirements under MPEP § 909.01(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.
Classification Challenge Procedure in CPC
This section addresses Classification Challenge Procedure in CPC. Contains: 1 prohibition.
Key Rules
Restriction Requirement (MPEP 802-803)
The examiner to which the application has been assigned will make the restriction requirement, unless the classification is not reasonably correct and complete. See MPEP § 812.
Maintenance Fee Payment
If the classification picture on an application changes due to withdrawal of non-elected claims, an examiner may request modification of a C* designation, which may or may not result in redocketing of the application.
Citations
| Primary topic | Citation |
|---|---|
| Restriction Requirement (MPEP 802-803) | MPEP § 812 |
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 § 909.01(d) — Classification Challenge Procedure in CPC
Source: USPTO909.01(d) Classification Challenge Procedure in CPC [R-01.2024]
I.CLASSIFICATION CHALLENGE PROCESSWhen, in the opinion of the assigned examiner, the C* designated CPC symbol(s) on a nonprovisional utility patent application are incorrect, they must initiate a C* challenge through the Classification Allocation Tool (CAT) (https://cpc.uspto.gov/ mcc/secure/index.html#/home ) and complete the C* challenge form indicating any and all challenges to any C* designations including suggested additions of C* designations. Every challenge must also be accompanied by an explanation as to why each C* designation should be added or removed.
If the examiner assigned the application believes the application has been improperly assigned to them, but is unable to determine the appropriate C* designations, a supervisory patent examiner, a search and classification expert, or quality nominee should be consulted.
If review of the C* challenge(s) results in a determination that change(s) should be made to the C* designation(s) on an application and a First Action on the Merits (FAOM) has not been submitted for credit at the time of the determination, the application may be rerouted by the automated routing system based on the new C* designations on the application.
If management’s review of the C* challenge(s) results in no change(s) to the C* designations on an application the application will remain with the assigned examiner and a brief explanation as to why the C* designation(s) are appropriate or inappropriate will be provided to the examiner.
II.CLASSIFICATION CHALLENGE AFTER ELECTIONThe examiner to which the application has been assigned will make the restriction requirement, unless the classification is not reasonably correct and complete. See MPEP § 812.
If the classification picture on an application changes due to withdrawal of non-elected claims, an examiner may request modification of a C* designation, which may or may not result in redocketing of the application.
III.PATENT FILE WRAPPERSPEs and examiners must use the Classification Allocation Tool (CAT) classification challenge pages which create a record of the classification challenge history of each application and facilitates tracking of classification challenges of applications.