Q: If I have invented a new methodology to write/implement code inside a software to achieve better performance then which?

A: To be open with you, I rarely sweat the details on which classification category will be assigned to an invention. The applicant does not have to provide a suggested group as the PTO will outsource that task to a contractor. Sometimes you can sway the likelihood a bit by the way you phrase the claims, but it is rarely a focus item for me.

I find that the patent office struggles with this issue of classification as it is not uncommon for one of my applications to get classified and reclassified several times. Sometimes the classification shift is significant enough to shift the application from one art group to another.

If you have done a prior art search, you may find that the set of closest pieces of prior art all have one or two classification codes in common. It is a good bet but not a sure winner that your application will fall in one of those two classifications. The examiners will search related classifications in addition to the primary classification assigned to an application.

If you have not done prior art searching, you may want to review this PowerPoint slide set and do some searching. http://bit.ly/Patent_Searching

Kevin E Flynn

A: Usually, the classification of a new invention is a question for the USPTO, or whoever is doing a prior art search or a freedom to operate search.

I usually look at close prior art and look at their classification. But when in doubt, and especially for searching purposes, I would include as many relevant classifications as possible.

More details would be needed for a better analysis and conclusion.