Cooperative Patent Classification Project

The USPTO and EPO have launched a website for information about the Cooperative Patent Classification Project, which aims to create a shared patent classification system based on ECLA.

Common Patent Classification Project

Interesting story in IP Frontline about the development of a common classification scheme by the EPO and USPTO. The project is one of ten joint initiatives announced last year by the USPTO, EPO, JPO, KIPO and SIPO. (See the Five IP Offices website). Initial planning is well underway at the EPO and USPTO, but that most of the work will be done in 2012-13. According to the report, the USPTO will abolish its own classification system when the new common system is operational.

EPO and USPTO Agree to Develop New Patent Classification

Yesterday the EPO and USPTO announced that they have agreed to jointly develop a patent classification system based on ECLA and the IPC. The press releases are here and here.

Both offices have yet to work out governance and operational details of the project, so changes to the USPC are not imminent. Some initial ground work has already been done. Since 2002 the USPTO has been establishing e-subclasses that correspond to classifications used by the EPO and JPO.

Why has the USPTO held onto its classification system long after most offices have adopted the IPC? One reason often cited by supporters is that the USPC is far more detailed, allowing inventions to be classified in about 150,000 subclasses as opposed to about 80,000 subclasses in the IPC. ECLA, which is based on the IPC, has about 130,000 subclasses. Others praise the USPC's detailed subclass definitions that guide patent searchers through the USPC's non-intuitive, complex and arcane structure.

The new EPO-USPTO classification will combine the best of both systems. It will be interesting to see what will happen to the sections of the USPC for design patents (Classes D1-D34, D99) and plant patents (Class PLT).

Changes to Class 386 - Classification Order 1900

The USPTO has changed the title of Class 386, Television Signal Processing for Dynamic Recording or Reproducing. The new title is Motion Video Signal Processing for Recording or Reproducing. These and other changes are detailed in Classification Order 1900, issued on Sept. 7, 2010. The order abolishes subclasses 1-131 and establishes subclasses 200-361.

Approximately 16,441 patents (91 percent issued after 1975) are classified in Class 386. There are more than 13,000 published applications classified in Class 386. The oldest patent in the class is No. 1,116,949, issued on November 10, 1914 to a Dr. Curt Stille of Berlin, Germany for a new method of transmitting photographs telegraphically. It's unknown if Stille's invention was a commercial success, but in the years after he received a number of patents related to the transmission and recording of sound. In the 1920s, Stille entered into a partnership with the Marconi Wireless Telegraphic Co. to produce and market a tape recording machine called the Marconi-Stille.

The top patent owners in Class 386 include Sony, Toshiba, Matsushita, Canon, Samsung, Hitachi, LG and Thomson Licensing.

Hidden Gems in the USPC: Cross-References & Digests

I'm not a huge fan of the U.S. Patent Classification System. It's not intuitive and its documentation can be intimidating. The structure of the USPC is a mish-mash of historical practices and applied theories. Although it's frequently described as a hierarchical system, it's actually flat, like a train. The numbering and arrangement of the classes (railway cars) has no relationship to their contents. For example, patents relating to Fences, Active Solid-State Devices and Railway Mail Delivery are classified in Classes 256, 257 and 258, respectively. When the number of documents in a class becomes to large, the USPTO simply moves the overflow to another class, not necessarily next to the original. For example, Class 128: Surgery is continued in Classes 604, 606 and 607. All four classes are treated as one mega-class.

As much as I dislike the USPC, it has some useful features (hidden gems) that are worth mentioning. For example, the special classifications called cross-reference art collections (CRACs) and digests. Digests and CRACs differ slightly in scope, but their functions are similar: to identify specific subject matter that doesn't quite fit into an existing USPC subclass. CRACs and digests are located at the end of the class schedule; numbers 900-999 are reserved for CRACs, while digests are identified by the prefix DIG. For example, in Class 2: Apparel, subclass 901 is used for articles of clothing with antibacterial, antitoxin or clean room properties. In the same class, DIG10 is reserved for inflatable hats. Neither code can be assigned as the primary classification.

These supplemental classifications are extremely useful for searching concepts that are not provided for in the regular classification system, e.g. drugs for the treatment of specific types of diseases, chemical technology for decreasing pollution, etc.

USPC Class Order #1886

The USPTO has published Classification Order #1886, which affects subclasses in Class 439 - Electrical Connectors. As of April 8, there are approximately 76,000 patents and 17,000 published applications classfied in Class 439, which is the "generic class for a pair of mated conductors comprising at least two electrically conducting elements which are interconnected to permit relative motion of such conducting elements during use without a break in electrical conductivity." The earliest patent in this class is RE200 issued in 1851 to George H. Corlis of Provdence, Rhode Island for an improvement in cut-off values in steam engines.

IPC Reforms Aim to Integrate USPTO, EPO and JPO Classifications

WIPO just announced a series of reforms that will simplify the IPC. One of the goals is to accelerate the building of a unified IPC system that integrates USPTO, EPO and JPO classifications.

Could a true international patent classification system be at hand?

This is a positive step and should make life easier for patent searchers of all levels of experience, from novices to experts. The need to work in four different systems is challenging even for experienced searchers.

However, there is a potential risk that some of the information currently embedded in local classification systems might be lost.

USPC Class Order #1886 - Class 439

The USPTO has published classification order #1886, affecting Class 439 - Electrical Connectors. This order replaces subclasses 607-610 with subclasses 607.01-607.59. Approximately 1,650 patents were classified as original references in the reorganized subclasses. There are approximately 76,000 patents currently classified in Class 439.

New USPC Classification Orders: #1881-1884

The USPTO's patent classification office has been busy the past few weeks. Four new classification orders (#s 1881, 1882, 1883, 1884) have been published since January 1, not including the one that I mentioned the other day that established Class 850 (#1885). The new orders outline changes to:

• Class 359 - Optical Systems and Elements
• Class 361 - Electricity: Electrical Systems and Devices
• Class 362 - Illumination
• Class 180 - Motor Vehicles

New USPC Class: 850 - Scanning Probe Techniques or Apparatus

The USPTO has created a new USPC class for inventions related to devices that scan or probe at the nano-scale. The full title is Class 850, Scanning-probe techniques and apparatus; applications of scanning probe techniques, e.g. scanning probe microscopy (SPM). The class was established under Classification Order 1885, released on Feb. 3. At this time, Class 850 consists of 63 subclasses, 1-63. No patents or published applications in the USPTO web-based database have been assigned to Class 850. This is not unusual as the classification data is updated bimonthly.

Consolidated Glossary of USPC Terms

A new Consolidated Glossary of U.S. Patent Classification Terms is now available on the USPTO patent classification website. The glossary consists of a comprehensive list of terms taken from the classification definitions of the USPC. Terms are listed in alphabetical order and grouped by class number for easy browsing. These definitions are useful to patent searchers in that many terms found in the USPC manual have technology-specific definitions that are different from standard dictionary definitions.

Searching the USPC: Proximate Function

For novice patent searchers one of the most difficult concepts in the U.S. Patent Classification system is the idea that inventions can be classified on the basis of "proximate function." Proximate function is one of four schemes in the USPC used to classify subject matter disclosed in patents and published applications. The other three are "industry or use," "effect or product" and "structure." The rationalie behind proximate function is that "similar processes or structures that achieve similar results by the application of similar laws of nature to similar substances are considered to have the same fundamental utility and are grouped together." (See the Handbook of Classifiction.) For example, a refrigeration system used to cool beer and a refrigeration system that cools milk are treated the same under the USPC.

The patents of A.C. Gilbert, inventor of the Erector Set, offer another example of proximate function at work. Gilbert's inspiration for the Erector set was real-life construction sites he saw around his home in New Haven, Connecticut. Many of his patented inventions are simply scaled-down versions of construction materials such as beams, girders, brackets, trusses and rivets. Consequently, you can find Gilbert's patents classfied under both Class 446, Amusement Devices: Toys, and Class 52, Static Structures (Buildings). Because of the concept of proximiate function a search for patents for construction toys should include the appropriate subclasses from both classes. A third search possibility is the design class D21, Games, Toys and Sports Goods; subclasses 484-505 specifically relate to construction-type toys.

USPC Class Orders 1879, 1880

On Sept. 2, the USPTO issued Classification Order 1879 covering changes to design class D14, Recording, Communication, or Information Retrieval Equipment. New subclasses have been established for flash type memory drives, karaoke systems and digital media recorders. There are approximately 40,000 patents classified in Class D14.

The USPTO also published on Sept. 2 Classification Order 1880 covering a new cross-reference art collection labeled G9B, Information Storage Based on Relative Movement Between Record Carrier and Transducer. The order provides little information on the origin of this class, other than to say that it was established in 1979 and is connected to something called an IdT scheme, which is a European classification system. Obviously, it resembles an IPC class and not a USPC class. There are no patents classified in G9B at this time. Perhaps it is a new e-subclass.

Classification Order 1877 - Class 606, Surgery

The USPTO has recently published Classification Order #1877 affecting subclasses in Class 606, Surgery. Class 606 is part of a mega-class composed of Classes 128, 600, 601, 602, 604, 606, 607. Class 606 covers surgical instruments. This is the third classification order issued this year. As of June 1, 2008, approximately 38,000 patents (1790-present) and 21,000 published applications (2001-present) are classified in Class 606.

New Classification Orders, #1867-1874

The USPTO has issued eight new classifications orders since Oct. 1, 2007, an unusually large number for a three-month period. Classes affected include:

711 - Electrical computers and digital processing systems: memory
714 - Error detection/correction and fault detection/recovery
715 - Data processing: presentation processing of document, operator interface processing, and screen saver display processing
506 - Combinatorial chemistry technology: method, library, apparatus
435 - Chemistry: molecular biology and microbiology
374 - Thermal measuring and testing
365 - Static information storage and retrieval
360 - Dynamic magnetic information storage or retrieval
318 - Electricity: motive power systems

New USPC Classification Orders

The USPTO has recently issued several new classification orders affecting Classes 375 (Pulse or Digital Communications), 386 (Television Signal Processing for Dynamic Recording or Reproduction) and 525 (Synthetic Resins or Rubbers).

US Classification Tools - New Feature

The USPTO's online classification search system has a new feature that will make browsing classification schedules much easier. Users can now use an "Outline" feature to collapse any schedule from its normal full display to just its mainline through level five indents. Users can also click on -/+ symbols on the left side of the schedule to collapse or expand individual sections.

Fig. 1. Outline On/Off and Level Menu are Located at the Top of the Schedule












Fig. 2. Class 623 Collapsed to Mainline Indents