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8.5 U.S. PATENT AND TRADEMARK OFFICE PATENT CLASSIFICATION SYSTEM

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Because of the vast number of patents that are filed and cross‐referenced in its database, the U.S. Patent & Trademark Office employs a numerical classification system to identify each of the many areas of technology. Class and subclass numerical designators pinpoint the specific technology and art to be searched. By examining the first page of a patent, the numbers of the classification system appear as “Field of Search.” All of these classifications are listed in a rather extensive classification manual. The entire manual is posted on the U.S. Patent & Trademark Office website (www.uspto.gov).

The manual classifies all patents according to subject matter by classes and subclasses. There are well over 400 classes and 20 000 subclasses that cover practically every category of technology and type of invention known. The patent classification manual is basically an index to issued patents and published applications, and the searcher uses the manual to determine which classes and subclasses relate to your technology.

The patent classification system does more than divide patents into manageable related groups. The system divides the Patent Examiners into their own art groups, or areas of expertise. Thus, when directing a search, the attorney can particularly relate the scope of that search to the potential Patent Examiner’s specific area of knowledge. For example, when I was a member of the United States Patent Office examining corps in the early days of my career, I examined patent applications directed to automatic transmissions, automatic transmission fluid control systems, differential drive mechanisms for vehicles, and locking devices to override the differential action upon slippage of one of the wheels. By examining patent applications in these areas of technology on a daily basis, I gained a degree of expertise in each these particular technology areas. Thus, as new patent applications were filed that related to my area of technological expertise, it was easy for me to understand the technology, and the alleged advance in the technology. The work of the Patent Examiner will be covered in Chapter 11.

Intellectual Property Law for Engineers, Scientists, and Entrepreneurs

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