What are the requirements for amending claims in a national phase application?
The requirements for amending claims in a national phase application include:
- A complete listing of all claims ever presented, including the text of all pending and withdrawn claims.
- Indicating the status of every claim after its claim number using specific identifiers.
- Proper markings to show changes in “currently amended” claims.
As stated in the MPEP, “One of the requirements for effectively amending claims in a national phase application is a complete listing of all claims ever presented, including the text of all pending and withdrawn claims. The status of every claim in such listing must be indicated after its claim number by one of the following identifiers in a parenthetical expression: (Original), (Currently Amended), (Canceled), (Withdrawn), (Previously Presented), (New), and (Not Entered).”
For detailed formatting requirements, refer to 37 CFR 1.121 and 1.125.
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