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The United States Patent Classification is an official patent classification system in use and maintained by the United States Patent and Trademark Office (USPTO). It was mostly replaced by the Cooperative Patent Classification (CPC) on January 1, 2013. [1] Plant and design patents are still classified solely within USPC at the USPTO. As of December 2018, patents at the USPTO are still routed to their appropriate business and art units by their USPC, even though it is no longer assigned directly to the patents themselves.[ citation needed ]
There are over 400 classes in the U.S. Patent Classification System, each having a title descriptive of its subject matter and identified by a class number. Each class is subdivided into a number of subclasses, each subclass bearing a descriptive title and identified by a subclass number. The subclass number may be an integral number, or may contain a decimal portion and/or alpha characters. A complete identification of a subclass requires both the class and subclass number and any alpha or decimal designations; e.g., 417/161.1A identifies Class 417, Subclass 161.1A. [2]
The Manual of Classification, also referred to as the "MOC", contains ordered arrangements of the class and subclass titles, referred to as class schedules. These titles are necessarily brief, although intended to be as suggestive as possible of subject matter included. Therefore, it is best not to depend exclusively upon titles to delineate the subject matter encompassed by a class or subclass; reference to respective definitions and notes is essential. If a search is to be expeditious, accurate, and complete, the Manual of Classification should be used only as a key to the class or subclass definition and appended notes.
The Manual of Classification has the following parts:
Some USPC classifications date back to at least as early as 1899. [3] The Manual of Classification is usually published in full as the Basic Manual of this system every 2 years.[ citation needed ] Basic Manuals reflect current classifications as of December of even-numbered years. Revisions to the Basic Manual occur at 6-month intervals. Pages of the Manual revisions are inserted as replacements to update the previous versions.
The Dewey Decimal Classification (DDC), colloquially known as the Dewey Decimal System, is a proprietary library classification system which allows new books to be added to a library in their appropriate location based on subject. It was first published in the United States by Melvil Dewey in 1876. Originally described in a 44-page pamphlet, it has been expanded to multiple volumes and revised through 23 major editions, the latest printed in 2011. It is also available in an abridged version suitable for smaller libraries. OCLC, a non-profit cooperative that serves libraries, currently maintains the system and licenses online access to WebDewey, a continuously updated version for catalogers.
The Library of Congress Classification (LCC) is a system of library classification developed by the Library of Congress in the United States, which can be used for shelving books in a library. LCC is mainly used by large research and academic libraries, while most public libraries and small academic libraries used the Dewey Decimal Classification system. The classification was developed by James Hanson, with assistance from Charles Martel, in 1897, while they were working at the Library of Congress. It was designed specifically for the purposes and collection of the Library of Congress to replace the fixed location system developed by Thomas Jefferson.
The United States Patent and Trademark Office (USPTO) is an agency in the U.S. Department of Commerce that serves as the national patent office and trademark registration authority for the United States. The USPTO's headquarters are in Alexandria, Virginia, after a 2005 move from the Crystal City area of neighboring Arlington, Virginia.
Prior art is a concept in patent law used to determine the patentability of an invention, in particular whether an invention meets the novelty and the inventive step or non-obviousness criteria for patentability. In most systems of patent law, prior art is generally defined as anything that is made available, or disclosed, to the public that might be relevant to a patent's claim before the effective filing date of a patent application for an invention. However, notable differences exist in how prior art is specifically defined under different national, regional, and international patent systems.
A patent attorney is an attorney who has the specialized qualifications necessary for representing clients in obtaining patents and acting in all matters and procedures relating to patent law and practice, such as filing patent applications and oppositions to granted patents.
A patent examiner is an employee, usually a civil servant with a scientific or engineering background, working at a patent office. Major employers of patent examiners are the European Patent Office (EPO), the United States Patent and Trademark Office (USPTO), the Japan Patent Office (JPO), and other patent offices around the world.
In United States patent law, a petition to make special (PTMS) is a formal request submitted to the United States Patent and Trademark Office (USPTO) asking that a patent application be examined ahead of the other pending applications in the same technological art.
Under United States patent law, a continuing patent application is a patent application that follows, and claims priority to, an earlier-filed patent application. A continuing patent application may be one of three types: a continuation, divisional, or continuation-in-part. Although continuation and continuation-in-part applications are generally available in the U.S. only, divisional patent applications are also available in other countries, as such availability is required under Article 4G of the Paris Convention.
In most patent laws, unity of invention is a formal administrative requirement that must be met for a patent application to proceed to grant. A patent application can basically relate only to one invention or a group of closely related inventions. The purpose of this requirement is administrative as well as financial. The requirement serves to preclude the option of filing one patent application for several inventions, while paying only one set of fees. Unity of invention also makes the classification of patent documents easier.
Under United States law, a patent is a right granted to the inventor of a (1) process, machine, article of manufacture, or composition of matter, (2) that is new, useful, and non-obvious. A patent is the right to exclude others, for a limited time from profiting of a patented technology without the consent of the patent-holder. Specifically, it is the right to exclude others from: making, using, selling, offering for sale, importing, inducing others to infringe, applying for an FDA approval, and/or offering a product specially adapted for practice of the patent.
Patentable, statutory or patent-eligible subject matter is subject matter which is susceptible of patent protection. The laws or patent practices of many countries provide that certain subject-matter is excluded from patentability, even if the invention is novel and non-obvious. Together with criteria such as novelty, inventive step or nonobviousness, utility, and industrial applicability, which differ from country to country, the question of whether a particular subject matter is patentable is one of the substantive requirements for patentability.
The International Patent Classification (IPC) is a hierarchical patent classification system used in over 100 countries to classify the content of patents in a uniform manner. It was created under the Strasbourg Agreement (1971), one of a number of treaties administered by the World Intellectual Property Organization (WIPO). The classification is updated on a regular basis by a Committee of Experts, consisting of representatives of the Contracting States of that Agreement with observers from other organisations, such as the European Patent Office.
In United States patent law, a reexamination is a process whereby anyone—third party or inventor—can have a U.S. patent reexamined by a patent examiner to verify that the subject matter it claims is patentable. To have a patent reexamined, an interested party must submit prior art, in the form of patents or printed publications, that raises a "substantial new question of patentability". The Leahy-Smith America Invents Act makes substantial changes to the U.S. patent system, including new mechanisms for challenging patents at the U.S. Patent and Trademark Office. One of the new mechanisms is a post-grant review proceeding, which will provide patent challengers expanded bases on which to attack patents.
The Manual of Patent Examining Procedure (MPEP) is published by the United States Patent and Trademark Office (USPTO) for use by patent attorneys and agents and patent examiners. It describes all of the laws and regulations that must be followed in the examination of U.S. patent applications, and articulates their application to an enormous variety of different situations. The MPEP is based on Title 37 of the Code of Federal Regulations, which derives its authority from Title 35 of the United States Code, as well as on case law arising under those titles. The first version of the MPEP was published in 1920 by the Patent and Trademark Office Society.
A patent classification is a system for examiners of patent offices or other people to categorize (code) documents, such as published patent applications, according to the technical features of their content. Patent classifications make it feasible to search quickly for documents about earlier disclosures similar to or related to the invention for which a patent is applied for, and to track technological trends in patent applications.
In the United States, an Office action is a document written by an examiner in a patent or trademark examination procedure and mailed to an applicant for a patent or trademark. The expression is used in many jurisdictions.
In order to be registered as a patent agent or patent attorney in the United States, one must pass the United States Patent and Trademark Office (USPTO) registration examination, officially called the Examination for Registration to Practice in Patent Cases Before the United States Patent and Trademark Office and known informally as the patent bar.
Title 35 of the United States Code is a title of United States Code regarding patent law. The sections of Title 35 govern all aspects of patent law in the United States. There are currently 37 chapters, which include 376 sections, in Title 35.
Gottschalk v. Benson, 409 U.S. 63 (1972), was a United States Supreme Court case in which the Court ruled that a process claim directed to a numerical algorithm, as such, was not patentable because "the patent would wholly pre-empt the mathematical formula and in practical effect would be a patent on the algorithm itself." That would be tantamount to allowing a patent on an abstract idea, contrary to precedent dating back to the middle of the 19th century. The ruling stated "Direct attempts to patent programs have been rejected [and] indirect attempts to obtain patents and avoid the rejection ... have confused the issue further and should not be permitted." The case was argued on October 16, 1972, and was decided November 20, 1972.
The Cooperative Patent Classification (CPC) is a patent classification system, which has been jointly developed by the European Patent Office (EPO) and the United States Patent and Trademark Office (USPTO). The CPC is substantially based on the previous European classification system (ECLA), which itself was a more specific and detailed version of the International Patent Classification (IPC) system.
This article incorporates public domain material from Manual of Patent Examining Procedure, Chapter 902. United States Government.