How does a change in patent classification affect the issuance 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.

A change in patent classification after allowance can potentially affect the issuance process, although the specific impacts are not detailed in MPEP § 1307. The section briefly states:

“See MPEP § 903.07.”

This reference to MPEP § 903.07 suggests that the procedures for handling classification changes in allowed cases are similar to those during examination. Potential effects on the issuance process may include:

  • Reassignment to a different art unit
  • Additional review by examiners with expertise in the new classification
  • Possible delays in issuance to ensure proper classification
  • Updates to USPTO databases and search systems

Applicants and patent practitioners should be aware that while a classification change typically doesn’t affect the substantive examination, it may impact administrative processing and the timing of patent issuance.

Tags: allowed applications, issuance process, Patent Classification, USPTO procedures