How are multiple CPC groups selected when they cover an invention equally well?
When multiple CPC groups cover an invention equally well, the selection is based on specific rules:
- Last Place Priority Rule (LPPR): Select the group lowest in the scheme.
- First Place Priority Rule (FPPR): Select the group highest in the scheme.
- If neither LPPR nor FPPR apply: Classify in each group.
According to MPEP 905.03(b): “When multiple groups cover the invention equally well, groups are selected according to the following rules: (a) In the case where the Last Place Priority Rule (LPPR) is applicable to the groups under consideration, then the group lowest in the scheme is selected for classification. (b) In the case where the First Place Priority Rule (FPPR) is applicable to the groups under consideration, then the group highest in the scheme is selected for classification. (c) In the case where neither LPPR nor FPPR are applicable to the groups under consideration, then classification is made in each group.”
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