What happens if I need to change the order of benefit claims in my patent application?

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.

Changing the order of benefit claims in a patent application requires specific actions, as outlined in MPEP 211.02(a):

“If applicant needs to change the order of benefit claims presented in an application data sheet or patent, applicant must file a corrected application data sheet under 37 CFR 1.76(c) or a Certificate of Correction, as appropriate.”

The method you choose depends on the status of your application:

• For pending applications: File a corrected Application Data Sheet (ADS) under 37 CFR 1.76(c).
• For issued patents: File a Certificate of Correction.

It’s important to note that changing the order of benefit claims may affect the effective filing date of your application, which could impact patentability considerations.