What happens if there’s a dispute over the classification of a design application?

When there’s a dispute over the classification of a design application in the USPTO, the following process is followed:

1. Examiners attempt to reach an agreement on the classification and assignment.
2. If no agreement is reached, the transfer request is forwarded to the supervisors of the originating and receiving examiners.
3. If supervisors can’t agree, the request goes to the TC 2900 docketing POC for a final decision.

The MPEP states: If no agreement can be reached between the examiners, the transfer request may be forwarded to the supervisors of the originating and receiving examiners for decision. If no agreement can be reached between the supervisors, the transfer request should be forwarded to the TC 2900 docketing POC for a final decision.

To learn more:

• design applications
• patent classification
• USPTO
• dispute resolution
• Technology Center 2900