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

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.

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Tags: First Action On The Merits, Patent Classification, patent examination, USPTO procedure