What role does prior art play in assigning applications for examination?

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 location of United States patents that constitute prior art plays a crucial role in assigning applications for examination. The MPEP states:

“As stated in MPEP § 903.07, the location of the United States patents constituting the prior art is generally controlling over all else.”

This means that the classification of existing patents related to the application’s subject matter is typically the most important factor in determining where the application should be assigned. However, the MPEP also notes that obvious misplacements of prior art patents may be corrected when time permits, but a complete reorganization for each new application is not feasible due to time constraints.