On-Demand Webinar:

How Classification Works at the USPTO and the Implications for Software Patents and Computer Related Innovations


What is the difference between class 705 and class 706? There is much more than a single number, and in some instances whether your patent application is primarily lodged in class 705 instead of 706 that could likely mean you will be routed to an Art Unit with a very low, perhaps extremely low, allowance rate. In a nutshell, you want to avoid class 705 characterization at all costs.

But why are we talking about the old USPTO classification system, isn't there a new classification system in place? Correct, but the old classification system can, and does, play a role in determining which Art Unit is assigned to your application upon filing, so familiarity with the old USPTO classification system is still a necessity.

Unfortunately, the old system is not very clear when it comes to computers and computer implemented systems. “Computer” is listed with classes 345, 705, 706, 709, 710, 711, 712, 723, 714, 715, 718, 715, 718, 719. But then elsewhere the same word – “computer” is listed as associated with classes 700 and 707. What is the difference?

“Computer implemented method” is not defined by the old classification system, but “computer-readable storage media” is associated with Class 706. “System” is related to classes 137, 141 and 902.

Watch our conversation about the USPTO classification system and the role it plays in routing applications to Art Units and finally to examiners. This is NOT an encore presentation of our previous webinar of a similar title, but instead a deeper dive into the murky water of computer implemented innovation (i.e., software).

During this webinar the presenters:

  • Highlighted differences between 705 and 706

  • Worked through several examples specifically related to these differences

  • Took as many questions as possible from the audience

NOTE: In advance of this webinar we invite you to watch How Classification Works at the USPTO (May 14, 2020).


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