How does a patent examiner initiate a Classification Challenge?
To initiate a Classification Challenge, a patent examiner must follow these steps: Access the Classification Allocation Tool (CAT) at https://cpc.uspto.gov/mcc/secure/index.html#/home Complete the C* challenge form Indicate all challenges to C* designations, including suggested additions Provide an explanation for each challenge As stated in MPEP 909.01(d): “Every challenge must also be accompanied by an explanation as…
Read MoreWhat can an examiner do if they believe an application has improper CPC classifications?
If an assigned examiner believes that an application has one or more improper Cooperative Patent Classification (CPC) symbols, they have the option to submit a classification challenge. This process allows for the correction of CPC designations to ensure accurate classification and appropriate assignment of the application. According to MPEP 909.01(a): “When a new application is…
Read MoreWhat happens after a Classification Challenge is submitted?
After a Classification Challenge is submitted, the following process occurs: The challenge is reviewed by management. If changes to C* designations are deemed necessary and a First Action on the Merits (FAOM) has not been submitted, the application may be rerouted based on the new C* designations. If no changes are made to the C*…
Read MoreWhat is the Classification Challenge Procedure in CPC?
The Classification Challenge Procedure in CPC is a process where patent examiners can challenge the designated CPC (Cooperative Patent Classification) symbols on a nonprovisional utility patent application if they believe the classifications are incorrect. According to MPEP 909.01(d): “When, in the opinion of the assigned examiner, the C* designated CPC symbol(s) on a nonprovisional utility…
Read MoreWhen should a Classification Challenge be submitted in relation to a restriction requirement?
When a restriction requirement is applicable, a Classification Challenge should be submitted only after an election has been made. This ensures that the challenge is based on the elected claims. As stated in MPEP 909.01(d): “In those applications in which a restriction is considered proper by the examiner, an election must be made prior to…
Read MoreWhat tool is used to track Classification Challenges?
The USPTO uses the Classification Allocation Tool (CAT) to track and manage Classification Challenges. According to MPEP 909.01(d): “SPEs 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.” The CAT serves several…
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