MPEP Section 903.04, Classifying Applications for Publication as a Patent App-lication Publication

Executive summary:

This document contains Section 903.04 ("Classifying Applications for Publication as a Patent App-lication Publication") of the Manual of Patent Examining Procedure (the "M.P.E.P."), Eighth Edition, Eighth Revision (July 2010). This page was last updated in January 2011. You may return to the section index to find a particular section. Alternatively, you may search the MPEP using the search box that appears on the left side of every page of BitLaw--you may restrict your search to the MPEP on the search results page.

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903.04 Classifying Applications for Publication as a Patent App-lication Publication [R-5]

Patent applications filed on or after November 29, 2000>,< are published as a patent application publication pursuant to 35 U.S.C. 122(b), unless certain exceptions apply. See MPEP § 1120.

Patent application publications are given a primary classification (equivalent to an original classification), and may also be given a secondary classification (equivalent to a cross reference). While there may be only one primary classification for a single patent application publication, there may be **>any number of< secondary classifications. The >selection of a< primary classification of a patent application publication is * based on the application's main inventive concept using the claims as a guide. A primary classification could be any U.S. class/subclass (except cross reference art collections, digests and foreign art collection subclasses). A secondary classification is based on other inventive concepts (mandatory) or valuable disclosure (discretionary), and may be any U.S. class/subclass (including cross reference collections and digests, but excluding foreign art collection subclasses). The classification of a patent application publication is printed on the front page of the publication.

**>At least 9 weeks prior to< the projected publication date, applications ** are classified using programs designed to enable entry of certain data required for publication of patent applications. Applications are classified by giving each application at least a primary classification >and an international classification<. The >suggested< international classification>(s)< corresponding to *>each assigned< U.S. classification is **>provided<. In addition, if a figure is to be published, the figure is selected at the time of classification.