How are new claims numbered in a patent application?
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.
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Topics:
Patent Law,
Patent Procedure