How do examiners handle applications they believe are improperly assigned to their docket?

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.

When examiners encounter applications they believe are improperly assigned to their docket, the process is as follows:

1. If the issue is based on classification, the examiner initiates a transfer request to the appropriate examiner or art unit.
2. For issues not related to classification (e.g., potentially a utility application), the examiner should:
• Email the TC 2900 docketing POC for evaluation.
• If deemed improper, the application will be removed and reassigned.
• If deemed proper after reevaluation, the case returns to the original examiner for examination as a design application.

The MPEP states: 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. (MPEP 909.02(d))