MPEP § 1824 — MPEP § 1824
Current through: 2022-07-01

1824-The Claims 
 
 

 
 
 
 
 
 
 
 

 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 

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 Chapter 1800 

 Section 1824 
 

 
 
 
 
 
 1824 The Claims [R-07.2015]

 
 PCT Article 6 

 The Claims 

 The claim or claims shall define the matter for which protection is
 sought. Claims shall be clear and concise. They shall be fully supported by the
 description.
 

 

 
 PCT Rule 6 

 The Claims 

 
 6.1 Number and Numbering of Claims

 
 (a) The number of the claims shall be reasonable in
 consideration of the nature of the invention claimed.
 

 (b) If there are several claims, they shall be numbered
 consecutively in Arabic numerals.
 

 (c) The method of numbering in the case of the amendment of
 claims shall be governed by the Administrative Instructions.
 

 
 

 

 
 6.2 References to Other Parts of the International
 Application
 

 
 (a) Claims shall not, except where absolutely necessary,
 rely, in respect of the technical features of the invention, on
 references to the description or drawings. In particular, they shall not
 rely on such references as: “as described in part ... of the
 description,” or “as illustrated in figure ... of the drawings.”
 

 (b) Where the international application contains drawings,
 the technical features mentioned in the claims shall preferably be
 followed by the reference signs relating to such features. When used,
 the reference signs shall preferably be placed between parentheses. If
 inclusion of reference signs does not particularly facilitate quicker
 understanding of a claim, it should not be made. Reference signs may be
 removed by a designated Office for the purposes of publication by such
 Office.
 

 
 

 

 
 6.3 Manner of Claiming

 
 (a) The definition of the matter for which protection is
 sought shall be in terms of the technical features of the invention.
 

 (b) Whenever appropriate, claims shall contain:
 
 (i) a statement indicating those technical features
 of the invention which are necessary for the definition of the
 claimed subject matter but which, in combination, are part of
 the prior art,
 

 (ii) a characterizing portion - preceded by the words
 “characterized in that,” “characterized by,” “wherein the
 improvement comprises,” or any other words to the same effect -
 stating concisely the technical features which, in combination
 with the features stated under (i), it is desired to
 protect.
 

 
 

 (c) Where the national law of the designated State does not
 require the manner of claiming provided for in paragraph (b), failure to
 use that manner of claiming shall have no effect in that State provided
 the manner of claiming actually used satisfies the national law of that
 State.
 

 
 

 

 
 6.4 Dependent Claims

 
 (a) Any claim which includes all the features of one or
 more other claims (claim in dependent form, hereinafter referred to as
 “dependent claim”) shall do so by a reference, if possible at the
 beginning, to the other claim or claims and shall then state the
 additional features claimed. Any dependent claim which refers to more
 than one other claim (“multiple dependent claim”) shall refer to such
 claims in the alternative only. Multiple dependent claims shall not
 serve as a basis for any other multiple dependent claim. Where the
 national law of the national Office acting as International Searching
 Authority does not allow multiple dependent claims to be drafted in a
 manner different from that provided for in the preceding two sentences,
 failure to use that manner of claiming may result in an indication under
 Article 17(2)(b) in the international search
 report. Failure to use the said manner of claiming shall have no effect
 in a designated State if the manner of claiming actually used satisfies
 the national law of that State. 
 

 (b) Any dependent claim shall be construed as including all
 the limitations contained in the claim to which it refers or, if the
 dependent claim is a multiple dependent claim, all the limitations
 contained in the particular claim in relation to which it is
 considered.
 

 (c) All dependent claims referring back to a single previous
 claim, and all dependent claims referring back to several previous
 claims, shall be grouped together to the extent and in the most
 practical way possible.
 

 
 

 

 
 6.5 Utility Models

 Any designated State in which the grant of a utility model is
 sought on the basis of an international application may, instead of
 Rules
 6.1 to 6.4 , apply in respect of
 the matters regulated in those Rules the provisions of its national law
 concerning utility models once the processing of the international application
 has started in that State, provided that the applicant shall be allowed at least
 two months from the expiration of the time limit applicable under
 Article
 22 to adapt his application to the requirements of the
 said provisions of the national law. 
 

 

 

 
 PCT Administrative Instructions Section 205 

 Numbering and Identification of Claims Upon
 Amendment 

 
 (a) Amendments to the claims under Article
 19 or Article 34(2)(b) may be
 made either by cancelling one or more entire claims, by adding one or more
 new claims or by amending the text of one or more of the claims as filed.
 Where a claim is cancelled, no renumbering of the other claims shall be
 required. In all cases where claims are renumbered, they shall be renumbered
 consecutively in Arabic numerals. 
 

 (b) The applicant shall, in the letter referred to in
 Rule 46.5(b) or
 Rule 66.8(c) , indicate
 the differences between the claims as filed and the claims as amended or, as
 the case may be, differences between the claims as previously amended and
 currently amended. He shall, in particular, indicate in the said letter, in
 connection with each claim appearing in the international application (it
 being understood that identical indications concerning several claims may be
 grouped), whether: 
 
 (i) the claim is unchanged;

 (ii) the claim is cancelled;

 (iii) the claim is new;

 (iv) the claim replaces one or more claims as filed;

 (v) the claim is the result of the division of a claim
 as filed;
 

 (vi) the claim replaces one or more claims
 as previously amended;
 

 (vii) the claim is the result of the division
 of a claim as previously amended.
 

 
 

 
 

 

 
 37 CFR 1.436 The claims. 

 The requirements as to the content and format of claims are set
 forth in PCT Art.
 6 and PCT Rules 6 , 9 ,
 10 and 11 and shall be adhered to. The
 number of the claims shall be reasonable, considering the nature of the invention
 claimed. 
 

 

 The claim or claims must “define the matter for which protection is
 sought.” Claims must be clear and concise. They must be fully supported by the
 description. PCT Rule
 6 contains detailed requirements as to the number and numbering
 of claims, the extent to which any claim may refer to other parts of the international
 application, the manner of claiming, and dependent claims. As to the manner of claiming,
 the claims must, whenever appropriate, be in two distinct parts; namely, the statement
 of the prior art and the statement of the features for which protection is sought (“the
 characterizing portion”). 
 

 The physical requirements for the claims are the same as those for the
 description. Note that the claims must commence on a new sheet.
 

 The procedure for rectification of obvious mistakes is explained in
 MPEP §
 1836 . The omission of an entire sheet of the claims cannot be
 rectified without affecting the international filing date, except in applications filed
 on or after April 1, 2007, where, if the application, on its initial receipt date,
 contained a priority claim and a proper incorporation by reference statement, the
 original international filing date may be retained if the submitted correction was
 completely contained in the earlier application. See PCT Rules 4.18 and
 20.6 . It is recommended that a request for rectification of
 obvious mistakes in the claims be made only if the mistake is liable to affect the
 international search; otherwise, the rectification should be made by amending the
 claims. 
 

 The claims can be amended during the international phase under
 PCT Article
 19 on receipt of the international search report, during
 international preliminary examination if the applicant has filed a Demand, and during
 the national phase. 
 

 Multiple dependent claims are permitted in international applications
 before the United States Patent and Trademark Office as an International Searching and
 International Preliminary Examining Authority or as a Designated or Elected Office, if
 they are in the alternative only and do not serve as a basis for any other multiple
 dependent claim ( PCT
 Rule 6.4(a) , 35 U.S.C. 112 ). The claims, being
 an element of the application, should start on a new page ( PCT Rule 11.4 ).
 Page numbers must not be placed in the margins ( PCT Rule 11.7(b) ). Line numbers
 should appear in the right half of the left margin ( PCT Rule 11.8(b) ). See
 PCT Rule
 11.6(e) . 
 

 The number of claims shall be reasonable, considering the nature of the
 invention claimed ( 37
 CFR 1.436 ). 
 

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 1801-Basic Patent Cooperation Treaty (PCT) Principles 

 1802-PCT Definitions 

 1803-Reservations Under the PCT Taken by, and Notifications of Incompatibility Made by, the United States of America 

 1804-[Reserved] 

 1805-Where To File an International Application 

 1806-Applicants and Inventors 

 1807-Agent or Common Representative and General Power of Attorney 

 1808-Change in or Revocation of the Appointment of an Agent or a Common Representative 

 1809-Access to the USPTO patent electronic filing system 

 1810-Filing Date Requirements 

 1811-[Reserved] 

 1812-Elements of the International Application 

 1813 - 1816-[Reserved] 

 1817-PCT Member States 

 1818-[Reserved] 

 1819-Earlier Search 

 1820-Signature of Applicant 

 1821-The Request 

 1822-[Reserved] 

 1823-The Description 
 1823.01-Reference to Deposited Biological Material 

 1823.02-Filing Nucleotide and/or Amino Acid Sequence Listings in International Applications 

 
 

 1824-The Claims 

 1825-The Drawings 

 1826-The Abstract 

 1827-Fees 
 1827.01-Refund of International Application Fees 

 
 

 1828-Priority Claim and Document 
 1828.01-Restoration of the Right of Priority 

 1828.02-Continuation or Continuation-in-Part Indication in the Request 

 
 

 1829-[Reserved] 

 1830-International Application Transmittal Letter 

 1831-[Reserved] 

 1832-License Request for Foreign Filing Under the PCT 

 1833-[Reserved] 

 1834-Correspondence 
 1834.01-Filing of Correspondence by Facsimile 

 1834.02-Irregularities in the Mail or Electronic Communications Service 

 
 

 1835-[Reserved] 

 1836-Rectification of Obvious Mistakes 

 1837 - 1839-[Reserved] 

 1840-The International Searching Authority 
 1840.01-The European Patent Office as an International Searching Authority 

 1840.02-The Korean Intellectual Property Office as an International Searching Authority 

 1840.03-The Australian Patent Office (IP Australia) as an International Searching Authority 

 1840.04-[Reserved] 

 1840.05-The Israel Patent Office (ILPO) as an International Searching Authority 

 1840.06-The Japan Patent Office (JPO) as an International Searching Authority 

 1840.07-The Intellectual Property Office of Singapore (IPOS) as an International Searching Authority 

 
 

 1841-[Reserved] 

 1842-Basic Flow Under the PCT 

 1843-The International Search 
 1843.01-Prior Art for Chapter I Processing 

 1843.02-Certain Subject Matter Need Not Be Searched 

 1843.03-No Search Required if Claims Are Unclear 

 1843.04-Procedure for Claims Not Required To Be Searched and for Claims That Are Unclear 

 1843.05-Time Limit for Establishing the International Search Report and the Written Opinion of the International Searching Authority 

 
 

 1844-The International Search Report 
 1844.01-Preparing the International Search Report (Form PCT/ISA/210) 

 
 

 1845-Written Opinion of the International Searching Authority 
 1845.01-Preparing the Written Opinion of the International Searching Authority (Form PCT/ISA/237) 

 1845.02-Notification of Transmittal of the International Search Report and the Written Opinion of the International Searching Authority,
 or the Declaration (Form PCT/ISA/220) 

 
 

 1846 - 1847-[Reserved] 

 1848-Sequence Listings 

 1849-[Reserved] 

 1850-Unity of Invention Before the International Searching Authority 

 1851-Identification of Patent Documents 

 1852-Taking Into Account Results of Earlier Search(es) 

 1853-Amendment Under PCT Article 19 

 1854 - 1855-[Reserved] 

 1856-Supplementary International Searches 

 1857-International Publication 

 1858-[Reserved] 

 1859-Withdrawal of International Application, Designations, or Priority Claims 

 1860-International Preliminary Examination Procedure 

 1861-[Reserved] 

 1862-Agreement With the International Bureau To Serve as an International Preliminary Examining Authority 

 1863-[Reserved] 

 1864-The Demand and Preparation for Filing of Demand 
 1864.01-Amendments Filed Under PCT Article 34 

 1864.02-Applicant’s Right To File a Demand 

 1864.03-States Which May Be Elected 

 1864.04-Agent’s Right To Act 

 
 

 1865-Filing of Demand 

 1866-[Reserved] 

 1867-Preliminary Examination Fees 

 1868-Correction of Defects in the Demand 

 1869-Notification to International Bureau of Demand 

 1870-Priority Document and Translation Thereof 

 1871-Processing Amendments Filed Under Article 19 and Article 34 Prior to or at the Start of International Preliminary Examination 

 1872-Availability of the International Application File for International Preliminary Examination by the Examining Corps 

 1873-[Reserved] 

 1874-Determination if International Preliminary Examination Is Required and Possible 

 1875-Unity of Invention Before the International Preliminary Examining Authority 
 1875.01-Preparation of Invitation Concerning Unity 

 1875.02-Reply to Invitation Concerning Lack of Unity of Invention 

 
 

 1876-Notation of Errors and Informalities by the Examiner 
 1876.01-Request for Rectification and Notification of Action Thereon 

 
 

 1877-Nucleotide and/or Amino Acid Sequence Listings During the International Preliminary Examination 

 1878-Preparation of the Written Opinion of the International Preliminary Examining Authority 
 1878.01-Includes Subsections Regarding Prior Art, Novelty, Inventive Step, and Industrial Applicability for Purposes of the Written
 Opinion and the International Preliminary Examination Report 
 1878.01(a)-Prior Art for Purposes of the Written Opinion and the International Preliminary Examination Report 
 1878.01(a)(1)-Novelty for Purposes of the Written Opinion and the International Preliminary Examination Report 

 1878.01(a)(2)-Inventive Step for Purposes of the Written Opinion and the International Preliminary Examination Report 

 1878.01(a)(3)-Industrial Applicability for Purposes of the Written Opinion and the International Preliminary Examination Report 

 
 

 
 

 1878.02-Reply to the Written Opinion of the ISA or IPEA 

 
 

 1879-Preparation of the International Preliminary Examination Report 
 1879.01-Time Limit for Preparing Report 

 1879.02-Transmittal of the International Preliminary Examination Report and Related Documents 

 1879.03-Translations 

 1879.04-Confidential Nature of the Report 

 
 

 1880-Withdrawal of Demand or Election 

 1881-Receipt of Notice of Election and Preliminary Examination Report by the United States Patent and Trademark Office 

 1882 - 1892-[Reserved] 

 1893-National Stage (U.S. National Application Filed Under 35 U.S.C. 371) 
 1893.01-Commencement and Entry 
 1893.01(a)-Entry via the U.S. Designated or Elected Office 
 1893.01(a)(1)-Submissions Required by 30 Months from the Priority Date 

 1893.01(a)(2)-Article 19 Amendment (Filed With the International Bureau) 

 1893.01(a)(3)-Article 34 Amendments (Filed with the International Preliminary Examining Authority) 

 1893.01(a)(4)-Claim Amendment (Filed With the U.S. Designated or Elected Office) 

 
 

 1893.01(b)-Applicant for a U.S. National Stage Application 

 1893.01(c)-Fees 

 1893.01(d)-Translation 

 1893.01(e)-Inventor’s Oath or Declaration 

 
 

 1893.02-Abandonment 

 1893.03-Prosecution of U.S. National Stage Applications Before the Examiner 
 1893.03(a)-How To Identify That an Application Is a U.S. National Stage Application 

 1893.03(b)-The Filing Date of a U.S. National Stage Application 

 1893.03(c)-The Priority Date, Priority Claim, and Priority Papers for a U.S. National Stage Application 

 1893.03(d)-Unity of Invention 

 1893.03(e)-Documents Received from the International Bureau and Placed in a U.S. National Stage Application File 
 1893.03(e)(1)-Title of the Invention 

 
 

 1893.03(f)-Drawings and PCT Rule 11 

 1893.03(g)-Information Disclosure Statement in a National Stage Application 

 
 

 
 

 1894-[Reserved] 

 1895-A Continuation, Divisional, or Continuation- in- Part Application of a PCT Application Designating the United States 
 1895.01-Handling of and Considerations in the Handling of Continuations, Divisions, and Continuations-In-Part of PCT Applications 

 
 

 1896-The Differences Between a National Application Filed Under 35 U.S.C. 111(a) and a National Stage Application Submitted Under
 35 U.S.C. 371 

 

 

 
 

 
 
 

 
 

 

 
 
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 03/09/2026 20:49:28