Can the examiner renumber claims in a patent application?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 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. Yes, the patent examiner has the authority to renumber claims in certain circumstances. According to MPEP 608.01(j) : “When the application is ready for allowance, the examiner, if necessary, will renumber the claims consecutively in the order in which they appear or in such order as may have been requested by applicant.” This means that while the original claim numbering should be preserved throughout most of the prosecution process, the examiner may renumber the claims at the end of the process, typically when preparing the application for allowance. This final renumbering ensures a logical and sequential order of claims in the issued patent. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Examiner May Reorder Claims During Allowance MPEP 608.01(j) Permitted Claims Must Maintain Original Numbers Throughout Prosecution MPEP 608.01(j) Required Remaining Claims Must Not Be Renumbered After Cancellation MPEP 608.01(j) Prohibited Full and Clear Disclosure Required for Patent MPEP 608 Required Requirement for Full and Clear Disclosure MPEP 608 Claims Must Find Basis in Original Disclosure MPEP 608 Required No New Matter After Filing Date MPEP 608 Permitted Original Disclosure Requirement for Filing MPEP 608 Permitted Examiner Must Object to Offensive Language and Depictions in Patent Applications MPEP 608 Recommended Language and Drawings Must Be Resolved Before Publication MPEP 608 Recommended Other Related FAQs 5 FAQs Collapse How are claims numbered in a single claim patent application? How are new claims numbered in a patent application? What is Form Paragraph 6.17 used for in patent examination? What happens to claim numbers when claims are canceled? Who is res...