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903.04 Classifying Applications for Publication as a Patent App-lication Publication [R-5] - 900 Prior Art, Classification, and Search
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.
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