USPTO Needs to Improve Oversight and Implementation of Patent Classification and Routing Processes

Our objective was to determine whether USPTO’s patent application classification and routing processes were effective. Specifically, we determined whether (1) USPTO adequately ensured that classification contractors were providing quality patent classification and reclassification services; (2) USPTO examiners properly challenged claim indicator (known as “C-star” or C*) classifications and whether USPTO properly resolved challenges; and (3) USPTO effectively designed and implemented Cooperative Patent Classification (CPC) system-based routing. We found that USPTO’s patent classification and routing processes were not effective. Specifically, we found that:I. USPTO did not ensure effective contract oversight for classification services. II. USPTO lacked adequate controls to ensure that classification challenges were efficiently and effectively submitted and adjudicated. III. USPTO did not effectively design and implement CPC-based routing.