What is the difference between reinstating canceled text and canceled 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.

While both processes involve restoring previously removed content, there are key differences in reinstating canceled text versus canceled claims in a patent application. MPEP 608.01(s) outlines these differences:

• Canceled Text in Specification: “Canceled text in the specification can be reinstated only by a subsequent amendment presenting the previously canceled matter as a new insertion.”
• Canceled Claims: “A claim canceled by amendment (deleted in its entirety) may be reinstated only by a subsequent amendment presenting the claim as a new claim with a new claim number.”

The main differences are:

• Specification text is reinstated as a new insertion in its original location.
• Canceled claims must be presented as entirely new claims with new claim numbers.
• The reinstatement of claims may affect the overall claim numbering and dependencies in the application.