How is the proper Technology Center determined for a reexamination request?
The proper Technology Center (TC) for a reexamination request is determined based on the current classification of the patent being reexamined. According to MPEP 2237:
“The proper TC for reexamination is determined by the classification of the patent being reexamined.”
This means that:
- The current classification of the patent is used, not the classification at the time of issuance.
- If the patent’s classification has changed since issuance, the reexamination request should be sent to the TC that currently handles that technology area.
- The Office of Patent Legal Administration (OPLA) can assist in determining the proper TC if there’s any uncertainty.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2237 - Transfer Procedure,
Patent Law,
Patent Procedure