How should claim numbering be handled when canceling claims in a patent application?

How should claim numbering be handled when canceling claims in a patent application?

When canceling claims in a patent application, it’s important to maintain proper claim numbering. According to MPEP 608.01(n):

‘When claims are canceled, the remaining claims must not be renumbered. When claims are added by amendment or substituted for canceled claims, they must be numbered by the applicant consecutively beginning with the number next following the highest numbered claim previously presented (whether entered or not).’

This means that:

• Existing claim numbers should not be reused for new claims.
• Gaps in claim numbering due to canceled claims should be left as is.
• New claims should be numbered sequentially starting from the highest previous claim number.

Proper claim numbering helps maintain clarity and avoid confusion during the examination process.

To learn more:

• claim numbering
• canceled claims
• patent application