How are claims numbered in a reissue patent?

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.

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.”