MPEP § 909.02(d) — Transfer Procedure (Annotated Rules)

§909.02(d) Transfer Procedure

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

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

Topic

Patent Classification Systems

3 rules
MPEP GuidanceRecommendedAlways
[mpep-909-02-d-771b6f42410bb9b5a229b31d]
Originating Examiner Must Determine Proposed Classification
Note:
The originating examiner is required to determine the appropriate classification for an application, especially when the art area is unclear or disputed.

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.

Jump to MPEP SourcePatent Classification SystemsExaminer Docket ManagementUS Patent Classification (USPC)
MPEP GuidanceRecommendedAlways
[mpep-909-02-d-9f8c5942ce1d330820dedaba]
Examiner May Perform Cursory Search or Contact Applicant for Unclear Classification
Note:
If the classification of an application is not easily determined, the examiner may perform a cursory search or contact the applicant to clarify the appropriate art area.

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.

Jump to MPEP SourcePatent Classification SystemsExaminer Docket ManagementUS Patent Classification (USPC)
MPEP GuidanceRecommendedAlways
[mpep-909-02-d-867c683f1b2084a3dae0d622]
Examiner Must Send Utility Application to TC 2900 Docketing POC for Review
Note:
An examiner must send an application that appears improper for their docket, but could be a utility application, to the TC 2900 docketing point of contact for evaluation.

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.

Jump to MPEP SourcePatent Classification SystemsPatent Data RetrievalExaminer Docket Management
Topic

Plant Patent Subject Matter

1 rules
StatutoryInformativeAlways
[mpep-909-02-d-759899ee9345056c1644f774]
Plant Patents Assigned to AU 1661
Note:
All plant patent applications under 35 U.S.C. 161 must be assigned and examined in Art Unit 1661.

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.

Jump to MPEP SourcePlant Patent Subject MatterPlant Patent PracticePlant Patent Application Requirements
Topic

Plant Patent Application Requirements

1 rules
StatutoryInformativeAlways
[mpep-909-02-d-2897616b3a9b3e3e0970afac]
Plant Application Must Be Manually Routed to OPAP
Note:
If a plant patent application is accidentally routed to the wrong AU, it must be manually rerouted to OPAP for proper examination.

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.

Jump to MPEP SourcePlant Patent Application RequirementsPlant Patent Subject MatterPlant Patent Practice
Topic

US Patent Classification (USPC)

1 rules
MPEP GuidancePermittedAlways
[mpep-909-02-d-58910e18007712bc21a0aeaf]
Examiner Can Request Application Transfer to Different Art Unit
Note:
An examiner may request transferring an application to another art unit if it does not fit their customarily assigned area.

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.

Jump to MPEP SourceUS Patent Classification (USPC)Application Assignment and RoutingExaminer Docket Management
Topic

Examiner Docket Management

1 rules
MPEP GuidanceInformativeAlways
[mpep-909-02-d-dc8eee8de8893aa5a00ff10a]
Improper Application Transferred to TC 2900 Docketing POC
Note:
If an examiner finds an assigned application improper for their docket, it will be removed and reassigned by the TC 2900 docketing POC.

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.

Jump to MPEP SourceExaminer Docket ManagementPatent Data Management SystemsDesign Application Requirements
Topic

Design Application Requirements

1 rules
MPEP GuidanceInformativeAlways
[mpep-909-02-d-ce1f423582f40b16b6fc4d48]
Proper Design Application Returned to Originating Examiner
Note:
If an application deemed improper by the examiner is later found proper by TC 2900, it will be returned to the original examiner for design application examination.

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.

Jump to MPEP SourceDesign Application RequirementsExaminer Docket ManagementDesign Patent Practice

Citations

Primary topicCitation
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.

BlueIron Last Updated: 2025-12-31