What types of patent applications are classified and assigned to examiners?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27
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.
According to MPEP 909.02(b), the following types of patent applications are classified and assigned to examiners:
- Nonprovisional design applications
- Nonprovisional plant applications
The MPEP states: “Every nonprovisional design and plant application, new or amended, and including the drawings, if any, when first assigned to a Technology Center (TC) must be classified and assigned to an examiner for examination.”
This means that:
- Both new and amended applications in these categories undergo classification.
- The classification process includes any drawings submitted with the application.
- After classification, these applications are assigned to an examiner for substantive examination.
It’s important to note that provisional applications, specifically for plants, are not classified or assigned as they are not examined.