What happens to claim numbers when claims are canceled?

When claims are canceled during the patent prosecution process, it’s important to note that the remaining claims should not be renumbered. This is explicitly stated in MPEP 608.01(j):

“When claims are canceled the remaining claims must not be renumbered.”

This rule helps maintain consistency and clarity throughout the prosecution process, allowing for easy tracking of claim history and amendments. It’s crucial for patent applicants and attorneys to adhere to this guideline to avoid confusion and potential issues with the USPTO.

To learn more:

• claim cancellation
• patent prosecution
• claim numbering
• USPTO rules