What is the difference between reinstating canceled text and canceled claims in a patent application?

While both processes involve restoring previously removed content, there are key differences in reinstating canceled text versus canceled claims in a patent application. MPEP 608.01(s) outlines these differences:

• Canceled Text in Specification: “Canceled text in the specification can be reinstated only by a subsequent amendment presenting the previously canceled matter as a new insertion.”
• Canceled Claims: “A claim canceled by amendment (deleted in its entirety) may be reinstated only by a subsequent amendment presenting the claim as a new claim with a new claim number.”

The main differences are:

• Specification text is reinstated as a new insertion in its original location.
• Canceled claims must be presented as entirely new claims with new claim numbers.
• The reinstatement of claims may affect the overall claim numbering and dependencies in the application.

To learn more:

• patent application
• canceled text
• canceled claims
• reinstatement
• amendment