When does claim renumbering occur in the patent examination process?
Claim renumbering typically occurs during the allowance stage of the patent examination process. While MPEP 1302.04(g) doesn’t explicitly state when renumbering happens, it implies that renumbering may occur in the allowed application:
“To identify a claim, an examiner’s amendment should refer to it by the original number and, if renumbered in the allowed application, also by the new number.”
Renumbering may be necessary for several reasons:
- When claims are canceled or added during prosecution
- To ensure a logical numbering sequence in the final allowed application
- To comply with USPTO regulations regarding claim numbering
It’s important to note that the original claim numbers are still referenced alongside the new numbers to maintain a clear prosecution history.
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