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.”
To learn more: