MPEP § 608.01(s) — Restoration of Canceled Matter (Annotated Rules)

§608.01(s) Restoration of Canceled Matter

USPTO MPEP version: BlueIron's Update: 2025-12-31

This page consolidates and annotates all enforceable requirements under MPEP § 608.01(s), including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.

Restoration of Canceled Matter

This section addresses Restoration of Canceled Matter. Primary authority: 37 CFR 1.121(b)(4) and 37 CFR 1.121(c)(5). Contains: 2 permissions and 2 other statements.

Key Rules

Topic

Claim Presentation and Numbering

3 rules
StatutoryInformativeAlways
[mpep-608-01-s-d7ae8333d239632161c59039]
Canceled Claim Can Only Be Reinstated as New Claim
Note:
A canceled claim can be reinstated only by presenting it as a new claim with a different claim number.

Canceled text in the specification can be reinstated only by a subsequent amendment presenting the previously canceled matter as a new insertion. 37 CFR 1.121(b)(4). 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. 37 CFR 1.121(c)(5). See MPEP § 714.

Jump to MPEP Source · 37 CFR 1.121(b)(4)Claim Presentation and NumberingOriginal Claims and New Matter
StatutoryPermittedAlways
[mpep-608-01-s-9142f14cbc973d20702eb5b7]
Claim Must Be Presented as New After Cancellation
Note:
A claim canceled by amendment can only be reinstated by presenting it as a new claim with a new claim number.

Canceled text in the specification can be reinstated only by a subsequent amendment presenting the previously canceled matter as a new insertion. 37 CFR 1.121(b)(4). 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. 37 CFR 1.121(c)(5). See MPEP § 714.

Jump to MPEP Source · 37 CFR 1.121(b)(4)Claim Presentation and NumberingOriginal Claims and New Matter
StatutoryInformativeAlways
[mpep-608-01-s-9f9d3a257726341c3efb1972]
Claims May Be Reinstated as New Claims Only
Note:
A canceled claim can only be reinstated by presenting it as a new claim with a different number.

Canceled text in the specification can be reinstated only by a subsequent amendment presenting the previously canceled matter as a new insertion. 37 CFR 1.121(b)(4). 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. 37 CFR 1.121(c)(5). See MPEP § 714.

Jump to MPEP Source · 37 CFR 1.121(b)(4)Claim Presentation and NumberingOriginal Claims and New Matter
Topic

Patent Application Content

1 rules
StatutoryPermittedAlways
[mpep-608-01-s-cbf5a87e010caeaa2f0322a4]
Previously Canceled Matter Must Be Reinserted as New Claim
Note:
Previously canceled text in the specification can only be reinstated by presenting it as a new claim with a new claim number.

Canceled text in the specification can be reinstated only by a subsequent amendment presenting the previously canceled matter as a new insertion. 37 CFR 1.121(b)(4). 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. 37 CFR 1.121(c)(5). See MPEP § 714.

Jump to MPEP Source · 37 CFR 1.121(b)(4)Patent Application ContentClaim Presentation and NumberingOriginal Claims and New Matter

Citations

Primary topicCitation
Claim Presentation and Numbering
Patent Application Content
37 CFR § 1.121(b)(4)
Claim Presentation and Numbering
Patent Application Content
37 CFR § 1.121(c)(5)
Claim Presentation and Numbering
Patent Application Content
MPEP § 714

Source Text from USPTO’s MPEP

This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.

BlueIron Last Updated: 2025-12-31