What happens if a patent application’s classification is incorrect?
If a patent application’s classification is found to be incorrect or incomplete, a specific process is followed:
- The assigned examiner submits a C-Star (C*) classification challenge on the unrestricted application.
- This challenge aims to correct the classification picture.
- If the C* challenge is deemed proper, the application may be reassigned to a different examiner whose expertise matches the new classification.
As stated in MPEP 812, “If the C* challenge is proper, the application may be reassigned to another examiner whose portfolio matches the new classification picture.” This process ensures that applications are reviewed by examiners with the most relevant expertise.
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