subramaniyan_narayanaswami@sandwich.pfizer.com a écrit :
> In a recent issue of Current patent Gazette (Week 51 dated 24/12/99), I read
> about assigning a non-existent classification A12E for the PCT patent
> WO9965318.
>
> This raises the question about the absoluteness of assignment of IPCs to
> certain patents. Over the last months, we have come across PCT patents
> classified under G01N, but clearly should have been additionally classified
> under C12N or C12P or C12Q. I am conscious of the pitfalls of using IPCs for
> searching, but they are powerful tools in certain areas of technology. I
> have a few questions in this area:
>
> 1. Who assigns the classifications? Is it the applicant or the searching
> patent office for the PCTs?
It is the search examiner.
> If it is the latter, is there a difference
> between A2 and A3 document?
Yes. Classifications on most A2 documents are assigned before the examiner made
the search and actually read the application. Classification on A1 and A3
documents are usually more reliable.
>
>
> 2. If there is any inconstancy in the assignment of classifications, is
> there any mechanism for submitting corrections to the respective patent
> offices?
In Europe, the applicant can write an informal letter to the examiner if he
feels that the classification is wrong. However, most offices use an other
classification for their own search purposes, and don't like to reconsider IPC
classes. Even the EPO uses its own internal classification system (called the
EPC European Patent Classification), which is much more complete and reliable
than the IPC and constantly updated. Try the database Eclatx on Questel
>
>
> 3. When the PCTs enter the national phase, do the national offices either
> reassign the classifications or add further classifications?
If there is a new publication, most national offices will reassign the
classifications.
Christophe Saam
European patent attorney and former search examiner at the EPO
Patents & Technology Surveys, Switzerland
www.patentattorneys.ch
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