Can an examiner request the transfer of a patent application to a different class?

Yes, an examiner can request the transfer of a patent application to a different class. The MPEP provides guidance on this process:

“An examiner seeking the transfer of a case may make a search, both of their own class and the class to which they think the case should be transferred, and the examiner in charge of the art unit should ensure the record includes the result of the search.”

This indicates that examiners have the flexibility to suggest transfers if they believe an application would be more appropriately classified elsewhere. However, the process involves conducting a thorough search to justify the transfer and ensuring proper documentation of the search results.

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Tags: application classification, Examiner Duties, Patent Search, patent transfer