37 CFR § 1.126 — Numbering of claims. (MPEP Coverage Index) – BlueIron IP

This page consolidates MPEP guidance interpreting 37 CFR § 1.126, including 11 rules 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.

Summary

This section outlines the specific requirements for claim numbering in patent applications, ensuring that claims are renumbered consistently and logically to comply with 37 CFR 1.126.

What this section covers

The section covers the requirement for claim numbering as required by 37 CFR 1.126, focusing on maintaining consistent dependency relationships between claims.

Key obligations

Claims must be renumbered as required by 37 CFR 1.126, preserving the original numbering throughout prosecution.
Dependent claims must be consistent with their parent claims, ensuring logical dependencies are maintained.
Canceled claims cannot be reinstated without presenting them as new claims with a new claim number, preserving the original numbering.

Practice notes

Review all claims for consistency after renumbering to ensure compliance with 37 CFR 1.126.
Maintain clear and logical claim dependencies to avoid confusion during prosecution.

Claims Must Maintain Original Numbers Throughout ProsecutionMPEP 608.01(j)Required
Remaining Claims Must Not Be Renumbered After CancellationMPEP 608.01(j)Prohibited
Claims Must Be Consecutively NumberedMPEP 608.01(j)Required
Examiner May Reorder Claims During AllowanceMPEP 608.01(j)Permitted
Form Paragraph 6.17 Used to Notify ApplicantMPEP 608.01(j)Permitted

Claims Must Be Re-numbered ConsistentlyMPEP 1302.01Required
Claims Must Maintain Original Numbers Throughout ProsecutionMPEP 608.01(j)Required
Claims Must Be Consecutively NumberedMPEP 608.01(j)Required

Claims Must Maintain Original Numbers When ReinstatedMPEP 714Prohibited
Claims Must Not Be Renumbered After CancellationMPEP 714
Alternative Claim Statuses PermittedMPEP 714Permitted
Acceptable Alternative Status Identifiers for ClaimsMPEP 714
Canceled Claims Must Be Reinstated With New NumbersMPEP 714

MPEP Section	Rules
MPEP § 1302.01	Claims Must Be Re-numbered ConsistentlyMPEP 1302.01Required
MPEP § 608.01(j)	Claims Must Maintain Original Numbers Throughout ProsecutionMPEP 608.01(j)Required Remaining Claims Must Not Be Renumbered After CancellationMPEP 608.01(j)Prohibited Claims Must Be Consecutively NumberedMPEP 608.01(j)Required Examiner May Reorder Claims During AllowanceMPEP 608.01(j)Permitted Form Paragraph 6.17 Used to Notify ApplicantMPEP 608.01(j)Permitted
MPEP § 714	Claims Must Maintain Original Numbers When ReinstatedMPEP 714Prohibited Claims Must Not Be Renumbered After CancellationMPEP 714 Alternative Claim Statuses PermittedMPEP 714Permitted Acceptable Alternative Status Identifiers for ClaimsMPEP 714 Canceled Claims Must Be Reinstated With New NumbersMPEP 714

Related Provisions

37 CFR § 1.121

Based on MPEP Last Modified: 10/30/2024 08:50:22

37 CFR § 1.126 — Numbering of claims. (MPEP Coverage Index) – BlueIron IP

37 CFR § 1.126 Numbering of claims.

Summary

Official MPEP § 1.126 — Numbering of claims.

1.126 Numbering of claims.

Verbatim in MPEP

Required Actions

Key Interpretations

Topics

MPEP Coverage

Related Provisions