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903.05 Transfer of U.S. Patents - 900 Prior Art, Classification, Search

903.05 Transfer of U.S. Patents

The transfer of official copies of U.S. patents, either original or cross-reference, from one class or subclass to another requires the approval of a classifier.

Examiners must submit to their Technology Center (TC) post classifier all questions of transfer of patents.

When an examiner desires to transfer official copies of domestic patents to a different class or subclass, he or she should prepare a memorandum list prepared for signature of the primary examiner identifying the numbers of all patents which are to be transferred indicating only the class and subclass into which each is to be placed. Both originals and properly identified official cross-references may be included in the same list and these may involve transfers to or from any number of different classes or subclasses. Additional cross-reference copies of any listed patent may also be requested by merely indicating where the cross reference copies should be placed. The memorandum list with the examiner's copies of the patents is forwarded through each TC involved for its prompt approval or comment and then, upon approval, to the classification unit of each of the TCs involved.

In those instances where a transfer is approved by a patent classifier, the class and subclass designations on both the examiner and Patent Search Room copies of the patents are changed and the classification data files are altered to agree with the new classification. When the transfer is not approved, the copies of the patents will be returned with a notification thereof.

Unauthorized transfers render the subclasses in the Patent Search Room no longer duplicates of those in the examiners' rooms, and also render incorrect the classification data files.

The procedure for transferring an entire class or subclass from one Technology Center to another is given in the Manual of Clerical Operations.

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