Can the examiner renumber claims in a patent application?
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.
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Topics:
Patent Law,
Patent Procedure