What are the requirements for amending claims in a patent application?

When amending claims in a patent application, the following requirements must be met:

  • A complete listing of all claims ever presented must be provided
  • Each claim must have a status identifier in parentheses
  • The text of all pending claims (including withdrawn claims) must be presented
  • Markings must show current changes: underlining for additions and strike-through for deletions

The MPEP states: Each amendment document that includes a change to an existing claim, including the deletion of an existing claim, or submission of a new claim, must include a complete listing of all claims ever presented (including previously canceled and non-entered claims) in the application.

Important notes:

  • Original claim numbering must be preserved
  • Canceled claims must be listed with the status identifier (canceled)
  • New claims must be numbered consecutively following the highest numbered claim previously presented

To learn more:

Tags: claim amendments