How are patent claim numbers handled during reexamination?

During patent reexamination, the numbering of existing patent claims must be preserved, and any new claims must follow a specific numbering convention. 37 CFR 1.530(g) states:

“Patent claims may not be renumbered. The numbering of any claims added in the reexamination proceeding must follow the number of the highest numbered patent claim.”

This rule ensures continuity and clarity in claim referencing throughout the reexamination process. For example, if a patent’s highest numbered claim is 20, any new claims added during reexamination would start at 21, regardless of any cancellations of original claims.

To learn more:

• patent claims
• reexamination
• claim numbering
• USPTO rules