What is the procedure for reinstating a canceled patent claim?

Reinstating a canceled patent claim requires a specific procedure. According to MPEP 608.01(s):

“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.”

This means that if an applicant wishes to reinstate a previously canceled claim, they must:

  • Submit a new amendment
  • Present the canceled claim as an entirely new claim
  • Assign a new claim number to the reinstated claim

This process ensures that the prosecution history remains clear and that there’s no confusion about the status of claims throughout the examination process.

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Tags: amendment, cancelled claims, patent claims, reinstatement