What happens after a Classification Challenge is submitted?

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.

After a Classification Challenge is submitted, the following process occurs:

1. The challenge is reviewed by management.
2. If changes to C* designations are deemed necessary and a First Action on the Merits (FAOM) has not been submitted, the application may be rerouted based on the new C* designations.
3. If no changes are made to the C* designations, the application remains with the assigned examiner.

According to MPEP 909.01(d):

“If management’s review of the C* challenge(s) results in no change(s) to the C* designations on an application the application will remain with the assigned examiner and a brief explanation as to why the C* designation(s) are appropriate or inappropriate will be provided to the examiner.”

This process ensures that all challenges are thoroughly reviewed and that examiners receive feedback on their submissions.