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MDR classification rules 1–22

Regulatory basis

MDR 2017/745, Annex VIII. All 22 classification rules must be applied systematically. Where more than one rule applies, the highest resulting class prevails.

Disclaimer

This site provides general information only and does not constitute legal or regulatory advice. Classification of specific products requires careful analysis of the intended purpose and all applicable rules.


How to apply the rules

  1. Precisely define the device's intended purpose — the rules depend on it
  2. Determine the device type: non-invasive, invasive, active, or special
  3. Work through each applicable rule group
  4. Where multiple rules apply, take the highest class
  5. Document the rationale fully in technical documentation

Rules 1–4 — Non-invasive devices

Non-invasive devices are those that do not penetrate the body surface (including body orifices).

RuleClassKey condition
Rule 1IAll non-invasive devices unless another rule applies
Rule 2IIaNon-invasive devices intended to channel or store blood, body liquids, cells, tissues, or gases for transfusion/infusion/administration into the body (unless connected to an active device Class IIb or III, in which case: IIb or III)
Rule 3IIaNon-invasive devices that modify the biological or chemical composition of human tissue, cells, blood, or other body liquids, or of other liquids intended for implantation — where the treatment involves filtration, centrifugation, or gas/heat exchange
Rule 4IIa / IIbNon-invasive devices that come into contact with injured skin or mucous membranes: IIa if for mechanical barrier, compression, or absorption of exudates; IIb if managing the micro-environment of a wound; Class III if for chronic wounds or wounds healing by secondary intent

Rules 5–8 — Invasive devices

RuleClassKey condition
Rule 5IInvasive devices intended to contact only intact skin (e.g. examination gloves)
Rule 6IIaTransient-use surgically invasive devices; IIb if for use specifically in direct contact with the heart, central circulatory system, or CNS; Class III if they are absorbable or if they are used with medicinal products in an integral manner
Rule 7IIaShort-term surgically invasive devices; IIb if for use in direct contact with heart/CNS/central circulatory system; Class III if they are absorbable, or for use with medicinal products
Rule 8IIbLong-term implantable devices and surgically invasive devices intended for long-term use; Class III if for implantation in teeth, spine, or in direct contact with heart/central circulatory system/CNS; Class III for breast implants, penile implants, and total joint replacements

Rules 9–13 — Active devices

Active devices depend on an energy source other than gravity or human body energy.

RuleClassKey condition
Rule 9I / IIa / IIbActive therapeutic devices: Class I if intended to administer/exchange energy in a non-potentially dangerous way; IIa if intended to administer energy to or exchange energy with the patient in a potentially dangerous way (considering the nature, density, and site); IIb if intended to control, monitor, or directly influence performance of Class IIb active therapeutic devices
Rule 10IIaActive devices for diagnosis: intended to supply energy absorbed by the human body (except lighting); imaging devices using ionising radiation → IIb
Rule 11I / IIa / IIb / IIISoftware: see Software & SaMD classification for full treatment under Rule 11
Rule 12IActive devices intended to administer medicinal products, body liquids, or other substances to or from the body — where done in a potentially dangerous manner → IIb
Rule 13IIb / IIIAll other active devices: IIb by default; Class III if intended to diagnose, monitor, or correct a deficiency in the heart/central circulatory system/CNS by delivering energy directly

Rules 14–22 — Special rules

These rules apply to specific product categories regardless of other rules, and override lower classifications where applicable.

RuleClassCovers
Rule 14IIIDevices incorporating, as an integral part, a substance which, if used separately, would be considered a medicinal product (including human blood derivatives) and which is liable to act on the human body with action ancillary to the device
Rule 15IIIDevices used for contraception or prevention of sexually transmitted disease — IIb if implantable or long-term invasive
Rule 16IIIDevices specifically intended for recording diagnostic images generated by X-ray radiation
Rule 17IIIDevices manufactured using tissues or cells of human origin or their derivatives that are non-viable or rendered non-viable (unless they contact only intact skin)
Rule 18IIIDevices manufactured using tissues or cells of animal origin or their derivatives that are non-viable (unless they contact only intact skin)
Rule 19IIb / IIIDevices incorporating or consisting of nanomaterials: IIb if nano presents low-to-medium potential for internal exposure; III if medium-to-high potential
Rule 20IIb / IIIInvasive devices with respect to body orifices — not surgically invasive — intended to administer medicinal products: IIb if inhaled; III if absorbed by the GI tract, nasal/oral mucosa
Rule 21IIIDevices intended to be used for extracorporeal circulation of blood or other liquids through the device, for subsequent reinfusion or infusion
Rule 22IIbDevices incorporating a CMR (carcinogenic, mutagenic, or reprotoxic) substance or substances that are endocrine disruptors and may enter the body in substantial quantities

Common classification traps

ScenarioCommon mistakeCorrect approach
Catheter used temporarilyClassified as Class I non-invasiveRule 6 applies — surgically invasive device, transient use → IIa
Software for diagnosisIgnored Rule 11Must apply Rule 11 and consider severity of condition and reversibility
Sterile wound dressingSelf-declared Class IIf sterile: Class Is — NB involvement required for sterility aspects
Combination device with drugClassified as drug onlyIf device action is principal → Class III under Rule 14
Reusable surgical forcepsClass I self-declaredClass Ir — NB must assess reprocessing aspects


Official references

ReferenceDescription
MDR Annex VIIIFull text of all 22 classification rules
MDR Art. 51(2)Commission power to reclassify
MDCG 2021-24Software classification (Rule 11)
MDCG 2019-11Qualification and classification of software
MDCG 2022-5Borderline and classification manual