What is the transfer procedure for design applications in the USPTO?
The transfer procedure for design applications in the USPTO’s Technology Center (TC) 2900 involves the following steps:
- When an examiner believes an application doesn’t belong in their assigned art area, they can request a transfer.
- The originating examiner determines the proposed classification of the application.
- An email is sent to the receiving examiner with a full explanation of the reasons for the proposed classification change.
- If the receiving examiner agrees, they classify and assign the application.
- If no agreement is reached, the request is escalated to supervisors and ultimately to the TC 2900 docketing POC for a final decision.
As stated in the MPEP, The decision as to the classification resolution and assignment of an application is customarily made by agreement between the examiners involved in the transfer.
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