How is the proper Technology Center determined for a reexamination request?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30

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.

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.
Topics: MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents MPEP 2237 - Transfer Procedure Patent Law Patent Procedure
Tags: Reexamination Cru