What are the requirements for amending claims in a patent application?

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.

When amending claims in a patent application, the following requirements must be met:

• A complete listing of all claims ever presented must be provided
• Each claim must have a status identifier in parentheses
• The text of all pending claims (including withdrawn claims) must be presented
• Markings must show current changes: underlining for additions and strike-through for deletions

The MPEP states: Each amendment document that includes a change to an existing claim, including the deletion of an existing claim, or submission of a new claim, must include a complete listing of all claims ever presented (including previously canceled and non-entered claims) in the application.

Important notes:

• Original claim numbering must be preserved
• Canceled claims must be listed with the status identifier (canceled)
• New claims must be numbered consecutively following the highest numbered claim previously presented