When should a Classification Challenge be submitted in relation to a restriction requirement?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs 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. When a restriction requirement is applicable, a Classification Challenge should be submitted only after an election has been made. This ensures that the challenge is based on the elected claims. As stated in MPEP 909.01(d) : “In those applications in which a restriction is considered proper by the examiner, an election must be made prior to the submission of C* challenge(s) so that the challenge may be decided based on the claims elected.” The election can be made either telephonically or in writing. This procedure helps streamline the classification process by focusing on the elected invention. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Examiner Makes Restriction Requirement Unless Classification Incomplete MPEP 909.01(d) SPEs and Examiners Must Use CAT Classification Challenge Pages MPEP 909.01(d) Required C* Designation May Be Modified Due to Withdrawal of Non-Elected Claims MPEP 909.01(d) Prohibited Application Must Be Fully Classified on Receipt MPEP 909.01(b) Required Classifications Required for Examiner Assignment MPEP 909.01(b) Permitted Provisional Applications Not Classified or Assigned MPEP 909.01(b) Challenge Incorrect CPC Designations MPEP 909.01(d) Required Challenge Must Include Reasoning for C* Designations MPEP 909.01(d) Required Consult Examiner for Proper Classification MPEP 909.01(d) Recommended Rerouting Based on New C* Designations MPEP 909.01(d) Recommended Other Related FAQs 5 FAQs Collapse What is a C* classification challenge? When should a C* classification challenge be submitted for applications with restriction requirements? What happens if a C* classification challenge results in changes? What tool is used to track Classificat...