How are claims selected for printing in the Official Gazette?

Claims are selected for printing in the Official Gazette based on specific criteria outlined in the MPEP. The examiner records the selected claim number in the “PRINT CLAIM” box on the Issue Classification Sheet.

The MPEP provides the following guidelines for claim selection:

  • The broadest claim should be selected.
  • Ordinarily, only one claim per invention is designated, but up to five claims may be selected for publication when multiple inventions are claimed.
  • Dependent claims should not be selected unless the independent claim on which they depend is also printed.
  • For reissue applications, the broadest claim with changes or the broadest additional reissue claim should be selected.

The MPEP states: Examiners, when preparing an application for issue, are to record the number of the claim selected for printing in the Official Gazette in the box labeled “PRINT CLAIM” on the Issue Classification Sheet.

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Tags: claim selection, Official Gazette, Patent Publication