How 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 the original patent has 10 claims, amended and new claims in the certificate would be numbered starting with 11.
The MPEP states: “Any amended or new claim presented in an inter partes reexamination proceeding will be numbered beginning with the number next higher than the number of the last claim in the original patent.” This ensures a clear distinction between original patent claims and those resulting from the reexamination process.
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2688 - Issuance Of Inter Partes Reexamination Certificate,
Patent Law,
Patent Procedure