TMEP § 1402.11(a)(ix)
Prior to January 1, 2002, the service of providing an on-line database via the Internet was classified in Class 42 if the database included a wide variety of subject matter. However, effective January 1, 2002, the service-related subject matter or content of the online database now governs the classification of the services. Applicants must now separate the subject matter or content of the databases into their appropriate individual international classes, such as:
A database is "a usually large collection of data organized especially for rapid search and retrieval (as by a computer)." https://www.merriam-webster.com/dictionary/database (accessed February 27, 2026). The activity of providing an online computer database comprises providing a searchable compilation of data on particular subject matters. Thus, identifications that reference specific functions of an online database service are typically indefinite as they potentially include services in multiple classes. For example, the identification "providing an online computer database which allows hospitals to download medical records" is unacceptable. It is unclear if the applicant provides (1) a database service classified according to service-related subject matter, (2) a Class 42 technological service provided on a database, such as "providing temporary use of a non-downloadable web application for downloading medical records via a database for use by hospital staff," or (3) both a database and a technology service.
In determining whether the specimens support "database provision services," look for the following clues:
See TMEP §1402.11(b) regarding information services.
Other common database services include the following:
When recorded on computer media or downloadable, databases are goods classified in Class 9. Identifications for downloadable or recorded databases in Class 9 must also include the subject matter of the database.