How are design and plant applications classified at allowance?
This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
Design and plant applications are classified differently from utility applications at allowance. According to the MPEP, Only U.S. design and plant patents and U.S. plant patent application publications continue to receive classifications within the USPC.
The primary examiner is responsible for reviewing the original classification and cross-referencing on the Issue Classification sheet.
The MPEP states: When an application is passed to issue, it is the duty of each primary examiner to personally review the original classification and cross-referencing made by their assistants in the issuing classification boxes on the Issue Classification sheet.