1401.13 Effective Date of Changes to USPTO ID Manual
The “Effective Date” field in the ID Manual indicates the date on which the status (i.e., Added, Modified, or Deleted) of a particular entry went into effect. When the “effective date” field in the manual changes, the new requirements established by that particular entry apply only to applications filed on or after the date of the change. In a §1 or §44 application filed before the effective date of the change, the examining attorney may give the applicant the choice to either keep the existing identification and/or class or amend to the new identification and/or class. However, if an applicant chooses to comply with the new identification and/or class, the applicant must pay the fees for any added class(es) resulting from the change. 37 C.F.R. §2.6(a)(1). Therefore, if an Office action is issued before the effective date, and the action is inconsistent with the new or modified entry, the applicant may be given the choice to either keep the existing identification and/or class or amend to the new identification and/or class if a subsequent Office action is issued. However, if a first Office action is issued on or after the effective date, any amendment to the specific portion of the identification or classification that relates to a previously acceptable identification and/or classification must comply with the new or modified entry.