How can canceled text in a patent specification be reinstated?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10

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.

Canceled text in a patent specification can only be reinstated through a specific process. According to MPEP 608.01(s):

“Canceled text in the specification can be reinstated only by a subsequent amendment presenting the previously canceled matter as a new insertion.”

This means that applicants must submit a new amendment that introduces the previously canceled text as if it were new content. This process ensures clarity in the prosecution history and prevents confusion about the status of specification text.

Tags: Canceled Text, Patent Specification, reinstatement