How are new claims numbered in a patent application?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 10 Rules 5 Related FAQs 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. When adding new claims to a patent application, it’s crucial to follow the proper numbering convention. According to MPEP 608.01(j) : “When claims are added, they must be numbered by the applicant consecutively beginning with the number next following the highest numbered claim previously presented (whether entered or not).” This means that new claims should be numbered sequentially, starting with the number that comes after the highest-numbered claim in the application, regardless of whether that claim was entered or not. This system ensures a clear and consistent numbering scheme throughout the prosecution process. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Claims Must Be Consecutively Numbered MPEP 608.01(j) Required Claims Must Maintain Original Numbers Throughout Prosecution MPEP 608.01(j) Required Remaining Claims Must Not Be Renumbered After Cancellation MPEP 608.01(j) Prohibited Original Disclosure Requirement for Filing MPEP 608 Permitted Examiner May Reorder Claims During Allowance MPEP 608.01(j) Permitted Full and Clear Disclosure Required for Patent MPEP 608 Required Requirement for Full and Clear Disclosure MPEP 608 Claims Must Find Basis in Original Disclosure MPEP 608 Required No New Matter After Filing Date MPEP 608 Permitted Examiner Must Object to Offensive Language and Depictions in Patent Applications MPEP 608 Recommended Other Related FAQs 5 FAQs Collapse Can the examiner renumber claims in a patent application? How are claims numbered in a single claim patent application? What is Form Paragraph 6.17 used for in patent examination? What happens to claim numbers when claims are canceled? Who is responsible for pointing out and distinctly...