What are the requirements for amending claims in a patent application?
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- The text of all pending claims (including withdrawn claims) must be presented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
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