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.
To learn more: