Can CPC symbols be changed during the patent examination process?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27
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.
Yes, CPC symbols can be changed during the patent examination process. According to MPEP 909.01(a):
“The examiner may change or add CPC symbols at any time during prosecution as appropriate.“
Reasons for changing or adding CPC symbols may include:
- Discovery of more relevant or specific CPC symbols during examination
- Amendments to the claims that alter the invention’s scope
- Identification of additional aspects of the invention requiring classification
- Correction of initial classification errors
It’s important to note that while CPC symbols can be modified, significant changes to the controlling classification (first-listed symbol) may impact the examination process and potentially require transferring the application to a different art unit.