How should amendments to claims be submitted under PCT Article 34?

When submitting amendments to claims under PCT Article 34, applicants must follow specific procedures:

1. A complete set of claims must be submitted, replacing all previously filed or amended claims.
2. The amendments must comply with PCT Rule 66.8.
3. PCT Rule 46.5 applies mutatis mutandis to claim amendments.

As stated in MPEP 1864.01: “When filing amendments to the claims, a complete set of claims in replacement of the claims as originally filed (or previously amended under Article 19) shall be submitted.“

Additionally, PCT Rule 66.8(c) specifies: “When amending the claims, Rule 46.5 shall apply mutatis mutandis. The set of claims submitted under Rule 46.5 as applicable by virtue of this paragraph shall replace all the claims originally filed or previously amended under Articles 19 or 34, as the case may be.“

To learn more:

• PCT Article 34
• claim amendments
• PCT Rule 66.8
• PCT Rule 46.5