A Comprehensive Guide to Patent Classification

A History of Patent Classification

The history of patents dates back to the Venetian Patent Statute of 1474. Under this, any individuals who built “any new and ingenious device” in the city could notify the General Welfare Board. This was to protect their intellectual property and promote its widespread adoption. Despite their long-running presence, however, it would take more than 350 years before lawmakers distinguished between the different types of patents.

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In 1830, the United States Patent and Trademark Office (USPTO) introduced patent 16 classification categories. The New Patent Act of 1836 would integrate into federal law later. The USPTO continued to add categories to its classification system, reaching a total of 158 by 1878. Several European nations, including Germany and the United Kingdom, also established their classification systems in the 1800s.

The Different Types of Patents

There are three types of patents available:

• Utility Patent: Protects new inventions or processes that have a useful function
• Design Patent: Protects the appearance of a product, not how it works
• Plant Patent: Given for new or modified plants that can reproduce asexually

Identifying which category your creation falls under will help you determine which section and subclass is most appropriate for your patent filing request.

How Patent Classification Works

The process involves organizing patent filings into categories based on the subject matter of the invention. The system allows examiners and attorneys to search for relevant prior creations more efficiently by organizing patents into distinct classes and subclasses.

Every patent is assigned a classification code, a series of letters and numbers that represents the field and category under which the invention falls. Under the US Patent Classification, a mechanical device may fall under Class 74 and further into a specific subclass.

The key steps in the classification process are as follows: 

• Submit your application alongside a detailed explanation of your invention 
• The patent office will assign classification codes to your application based on your creation
• Examiners will look at patents in the same category to determine eligibility 

Make sure you provide an accurate explanation of your creation and what it does to ensure that the patent office can properly categorize it. 

Patent Classification Systems Around the World

The World Intellectual Property Organization (WIPO) has played a critical role in eliminating the disparity between global systems. While it does not grant patents, it helps protect intellectual property via various enforcement activities. Additionally, it assists with patent classification standardization and enforcement of the International Patent Classification (IPC), which was established via the 1971 Strasbourg Agreement.  

Cooperative Patent Classification (CPC) features nine sections, “A” through “H” and “Y,” each of which has subclasses, groups, and sub-groups. In total, there are roughly 250,000 classification codes. 

The Role of Classification in Patentability

As there are millions of patents, the classification system helps examiners focus their application review efforts. This is done by identifying the category and subcategory under which your creation falls. They can quickly compare the invention with existing patents in the same category to ensure your design meets the requirements of novelty and non-obviousness.

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You can use the classification system yourself to conduct a more thorough patent search before filing. By identifying similar patents within the same classification, you can determine whether your creation is truly unique. This helps improve your chances of a successful application. 

Examples of Different Patent Classifications

Here are a few examples of patents and their potential categories under the IPC:

• Solar Panel Patents: Could fall under IPC Section H (Electricity) and subclass H01L, which relates to semiconductor devices
• Pharmaceutical Compound Patents: Likely to be classified under Section A (Human Necessities) and Class A61K, which covers medical preparations
• A Robotic Arm Patent May be categorized under IPC Section B (Performing Operations; Transporting) and Class B25J, which focuses on manipulators 

The first letter in an IPC classification code identifies its section. The following numbers and letters identify classes, subclasses, and groups. 

More examples can be found and discussed by contacting companies that provide the same services and help assist with patent classifications. 

Potential Challenges With Classification

The IPC and other classification systems are far from perfect. You may run into a few classification hurdles when filing for a patent, including the following: 

• Complexity: You may find the system a bit overwhelming due to the thousands of different subcategories 
• Overlapping Categories: Some inventions might fall into multiple categories or subgroups 
• Updates and Changes: The classification systems must be updated to reflect new fields of innovation. 

If you run into concerns involving category overlap or misclassification resulting in your filing request getting denied, you should consider enlisting the services of an engineering expert witness to provide supporting testimony on your behalf. They may be able to provide diagrams and other evidence that illustrates the uniqueness and novelty of your design. 

The Future of Patent Classifications

Modern patent classification systems are highly refined and detailed, which promotes accurate classification and expedited filing processes. However, entities such as the USPTO, EPO, and WIPO must collaborate to adapt classification systems to accommodate innovations like artificial intelligence and biotechnology. 

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As an inventor, you need to stay apprised of the latest classification codes and practices. If you are working in an emerging field, it may be more prone to misclassification. For questions on patent classification and its impact on patentability, consult an experienced firm specializing in international patent law. A knowledgeable partner can help you navigate the filing process and protect your intellectual property via the international classification system. 

Blue Ocean Global Technology helps legal professionals and their clients navigate complex processes such as patent filing. For assistance in researching patent classifications to better understand the patentability of a concept or idea, contact our team today.