How are new claims numbered in patent reexamination?

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.

Numbering of new claims in patent reexamination follows these rules:

• Original patent claims retain their numbers, even if canceled.
• New claims are numbered sequentially starting after the last original patent claim number.
• If new claims are canceled, their numbers are not reused for other new claims.
• At the time of the Notice of Intent to Issue Reexamination Certificate (NIRC), remaining new claims are renumbered sequentially following the highest original patent claim number.

The MPEP states: “Even though an original claim may have been canceled, the numbering of the original claims does not change. Accordingly, any added claims are numbered beginning with the next higher number than the number of claims in the original patent.” This ensures clarity and consistency in claim numbering throughout the reexamination process.