How are patent claim numbers handled during reexamination?
During patent reexamination, the numbering of existing patent claims must be preserved, and any new claims must follow a specific numbering convention. 37 CFR 1.530(g) states: “Patent claims may not be renumbered. The numbering of any claims added in the reexamination proceeding must follow the number of the highest numbered patent claim.” This rule ensures…
Read MoreHow are new claims numbered in the ex parte reexamination certificate?
New claims in ex parte reexamination are numbered according to specific rules. The MPEP 2287 provides clear guidance: “If new claims have been added, the examiner should number them, starting with the number next higher than the number of claims in the patent.” For example, if the original patent had 20 claims, the first new…
Read MoreHow are amended or new claims numbered in an inter partes reexamination certificate?
The numbering of amended or new claims in an inter partes reexamination certificate follows specific rules as outlined in MPEP 2688: Amended or new claims are numbered consecutively starting with the number next higher than the number of the last claim in the original patent. The numbering starts with the lowest amended claim number. If…
Read MoreHow are new claims numbered in patent reexamination?
Numbering of new claims in patent reexamination follows these rules: Original patent claims retain their numbers, even if canceled. New claims are numbered sequentially starting after the last original patent claim number. If new claims are canceled, their numbers are not reused for other new claims. At the time of the Notice of Intent to…
Read MoreCan new claims be added during ex parte reexamination?
Can new claims be added during ex parte reexamination? Yes, new claims can be added during ex parte reexamination, subject to certain conditions. According to MPEP 2250: New claims must be numbered consecutively beginning with the number next following the highest numbered patent claim. New claims must be completely underlined. New claims must not contain…
Read MoreHow are claims numbered in a reissue patent?
Claim numbering in a reissue patent follows specific rules: Original patent claims are not renumbered, even if dependencies change All original patent claims appear in the reissue, with canceled claims in brackets New claims added during prosecution follow the highest numbered patent claim New claims are completely underlined to indicate they will be printed in…
Read MoreWhat is the purpose of using both original and new claim numbers in an examiner’s amendment?
The purpose of using both original and new claim numbers in an examiner’s amendment is to maintain clarity and traceability throughout the patent examination process. MPEP 1302.04(g) states: “To identify a claim, an examiner’s amendment should refer to it by the original number and, if renumbered in the allowed application, also by the new number.”…
Read MoreHow should claims be numbered in a PCT application?
According to MPEP 1824, claims in a PCT application should be numbered as follows: Claims should be numbered consecutively in Arabic numerals The numbering should start anew when claims are amended The method of numbering amended claims is governed by the Administrative Instructions The MPEP cites PCT Rule 6.1, which states: “If there are several…
Read MoreHow should examiners identify claims in an examiner’s amendment?
According to MPEP 1302.04(g), examiners should identify claims in an examiner’s amendment as follows: “To identify a claim, an examiner’s amendment should refer to it by the original number and, if renumbered in the allowed application, also by the new number.” This means that examiners should provide both the original claim number and, if applicable,…
Read MoreHow should claims be numbered in an Article 19 amendment?
When submitting an Article 19 amendment, proper numbering of claims is important. The MPEP provides guidance on this matter: All the claims appearing on a replacement sheet must be numbered in Arabic numerals (corresponding to the order of the claims). Where a claim is cancelled, no renumbering of the other claims is required. However, where…
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