Can a patent application’s classification be changed after the first action on the merits?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 6 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Generally, a patent application’s classification is not changed after the first action on the merits has been issued. The MPEP 909.01(c) states: “ Generally, after a first action on the merits has been mailed C* classification will not be removed from an application’s classification picture. ” This guideline suggests that the USPTO aims to maintain consistency in classification once substantive examination has begun, although exceptions may exist in certain circumstances. Related Rules from the Manual of Patent Examining Procedure 6 rules Collapse C* Classification Generally Not Removed After First Action on Merits MPEP 909.01(c) Promptly Address C* Classification Challenges Upon Amendment MPEP 909.01(c) Recommended Application Must Be Fully Classified on Receipt MPEP 909.01(b) Required Classifications Required for Examiner Assignment MPEP 909.01(b) Permitted Provisional Applications Not Classified or Assigned MPEP 909.01(b) Priority Claim Must Include DAS Code MPEP 2909 Permitted Other Related FAQs 5 FAQs Collapse How does an amendment affect the classification of a patent application? What is a C* classification challenge in patent examination? What is the significance of the C* classification in patent examination? What are the key elements patent examiners check in amended applications? What is a C* classification challenge?