Why can’t I reuse the original claim number when reinstating a canceled claim?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-10 10 Rules 5 Related FAQs 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 reinstating a canceled claim in a patent application, you cannot reuse the original claim number. This requirement is specified in MPEP 608.01(s) : “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.” This rule serves several important purposes: It maintains clarity in the prosecution history. It prevents confusion about the status and version of claims. It ensures that examiners and other parties can easily track changes in the application. It avoids potential issues with claim dependencies and numbering consistency. By requiring a new claim number, the USPTO ensures that each version of a claim is distinct and traceable throughout the examination process. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Canceled Claim Can Only Be Reinstated as New Claim MPEP 608.01(s) Claim Can Only Be Reinstated as New Claim MPEP 714 Permitted Claims May Be Reinstated as New Claims Only MPEP 608.01(s) Amendments and Other Papers Must Comply With Rules MPEP 608 Claim Must Be Presented as New After Cancellation MPEP 608.01(s) Permitted Previously Canceled Matter Must Be Reinserted as New Claim MPEP 608.01(s) Permitted Requirement for Design Application Practice MPEP 608 Original Disclosure Requirement for Filing MPEP 608 Permitted Full and Clear Disclosure Required for Patent MPEP 608 Required Requirement for Full and Clear Disclosure MPEP 608 Other Related FAQs 5 FAQs Collapse What regulations govern the restoration of canceled matter in patent applications? What is the procedure for reinstating a canceled patent claim? How can canceled text in a patent specif...