How 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 italics
  • Upon allowance, additional claims are renumbered sequentially after the last original patent claim

The MPEP states: “No renumbering of the original patent claims is permitted, even if the dependency of a dependent patent claim is changed by reissue so that it is to be dependent on a subsequent higher numbered claim.”

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Tags: Claim Numbering, new claims, patent claims, Reissue Patent