MPEP § 1824 — The Claims (Annotated Rules)

§1824 The Claims

USPTO MPEP version: BlueIron's Update: 2025-12-31

This page consolidates and annotates all enforceable requirements under MPEP § 1824, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.

The Claims

This section addresses The Claims. Primary authority: 35 U.S.C. 112), 35 U.S.C. 112, and 37 CFR 1.436. Contains: 9 requirements, 2 prohibitions, 2 guidance statements, and 2 other statements.

Key Rules

Topic

Article 19 Amendment Scope

15 rules
StatutoryProhibitedAlways
[mpep-1824-97a7eebee411f6a0bdcbb3d1]
Claims Must Not Reference Description or Drawings
Note:
Claims should not refer to the description or drawings for technical features unless absolutely necessary.

(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.”

Jump to MPEP SourceArticle 19 Amendment ScopePCT Description RequirementsPCT Drawing Requirements
StatutoryRequiredAlways
[mpep-1824-354ebd39d95944be5fdbdc73]
Claims Must Follow Technical Features with Reference Signs
Note:
When an international application includes drawings, claims should reference the corresponding technical features using appropriate reference signs.

(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.

Jump to MPEP SourceArticle 19 Amendment ScopePCT Article 19 AmendmentsPCT Description and Claims
StatutoryRequiredAlways
[mpep-1824-fafcbd9eca76a6b0ac562cf6]
Claims Should Prefer Parentheses for Reference Signs
Note:
When claims include technical features from drawings, reference signs should preferably be placed in parentheses. However, they should not be included if it does not enhance understanding.

(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.

Jump to MPEP SourceArticle 19 Amendment ScopePCT Claims FormatPublication Language
StatutoryRequiredAlways
[mpep-1824-2d030d93740e78a665d28e5e]
Indicate Claim Changes Required
Note:
The applicant must specify in a letter, the differences between claims as filed and amended, indicating if each claim is unchanged, cancelled, new, or replaced.
(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.
Jump to MPEP SourceArticle 19 Amendment ScopePCT Claims FormatPCT Article 19 Amendments
StatutoryRequiredAlways
[mpep-1824-ca9de43ef8bc47c573bddc3b]
Claim Format and Content Requirements
Note:
The claims must adhere to the requirements set forth in PCT Art. 6 and Rules 6, 9, 10, and 11, with a reasonable number considering the invention's nature.

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.

Jump to MPEP Source · 37 CFR 1.436Article 19 Amendment ScopePCT Article 19 AmendmentsPatent Cooperation Treaty
StatutoryRequiredAlways
[mpep-1824-7516c5186629159811688051]
Claims Must Be Reasonable Considering Invention Nature
Note:
The number of claims should be appropriate for the nature of the invention as claimed.

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.

Jump to MPEP Source · 37 CFR 1.436Article 19 Amendment ScopePCT Article 19 AmendmentsPatent Cooperation Treaty
StatutoryRequiredAlways
[mpep-1824-d99e427c5f99a78a68bc6fe7]
Claims Must Define Invention
Note:
The claims must clearly and concisely define the invention for which protection is sought, supported by the description.

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”).

Jump to MPEP Source · 37 CFR 1.436Article 19 Amendment ScopePCT Claims FormatPCT Article 19 Amendments
StatutoryRequiredAlways
[mpep-1824-3c61b14e704449f21cf85173]
Claims Must Be Clear and Concise
Note:
The claims must clearly define the invention for which protection is sought and be fully supported by the description.

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”).

Jump to MPEP Source · 37 CFR 1.436Article 19 Amendment ScopePCT Article 19 AmendmentsPCT Description and Claims
StatutoryPermittedAlways
[mpep-1824-ec5c7c6260c694e3a6a0c87f]
Claims Must Be Clear, Concise, and Supported by Description
Note:
PCT Rule 6 outlines the requirements for claims in an international application, ensuring they are clear, concise, fully supported by the description, and properly numbered.

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”).

Jump to MPEP Source · 37 CFR 1.436Article 19 Amendment ScopePCT Claims FormatPCT Description Requirements
StatutoryRequiredAlways
[mpep-1824-9e262296f20b98723069f267]
Claims Must Separate Prior Art from Characterizing Features
Note:
Claims must clearly separate the prior art from the features for which protection is sought.

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”).

Jump to MPEP Source · 37 CFR 1.436Article 19 Amendment ScopeStatement Under Article 19PCT Description Requirements
StatutoryProhibitedAlways
[mpep-1824-1973de85b28e8e41c46f253a]
Claims Sheet Omission Except After April 1, 2007
Note:
Except for applications filed after April 1, 2007, the omission of an entire claims sheet cannot be corrected without affecting the international filing date.

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.

Jump to MPEP Source · 37 CFR 1.436Article 19 Amendment ScopeStatement Under Article 19PCT Claims Format
StatutoryRecommendedAlways
[mpep-1824-03224f32da5c13aec689a1ae]
Rectify Claims Only If Affecting International Search
Note:
Requests for rectifying obvious mistakes in claims should be made only if the mistake affects the international search; otherwise, amendments should correct the claims.

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.

Jump to MPEP Source · 37 CFR 1.436Article 19 Amendment ScopeInternational Searching Authority (ISA)Competent Authority for Rectification
StatutoryPermittedAlways
[mpep-1824-5d662d084c71f03a1d1f1d89]
Amendments During PCT Process Permitted
Note:
The claims can be amended during the international phase, international preliminary examination if a Demand is filed, and national phase.

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.

Jump to MPEP Source · 37 CFR 1.436Article 19 Amendment ScopeArticle 19 Amendment TimingArticle 34 Amendments
StatutoryPermittedAlways
[mpep-1824-1d1508e6051b374b3c5d6c2e]
Alternative Only Multiple Dependent Claims Permitted
Note:
Claims must be in the alternative and not serve as a basis for other multiple dependent claims.

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).

Jump to MPEP Source · 37 CFR 1.436Article 19 Amendment ScopePCT Claims FormatDependent Claim Requirements (112(d))
StatutoryRecommendedAlways
[mpep-1824-83ba46f4ce84926dacaf651d]
Claims Must Start on New Page
Note:
The claims, an essential part of the application, should begin on a new page as per PCT Rule 11.4.

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).

Jump to MPEP Source · 37 CFR 1.436Article 19 Amendment ScopePCT Article 19 AmendmentsPCT Description and Claims
Topic

Patent Cooperation Treaty

3 rules
StatutoryProhibitedAlways
[mpep-1824-900a3ee5c465878f2894fcea]
Margins Prohibited for Page Numbers
Note:
PCT Rule 11.7(b) prohibits placing page numbers in the margins of patent applications.

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).

Jump to MPEP Source · 37 CFR 1.436Patent Cooperation TreatyArticle 19 Amendment ScopePCT Claims Format
StatutoryRecommendedAlways
[mpep-1824-9e25a3cbcbff3b86b53236c3]
Line Numbers Must Appear Right Half of Left Margin
Note:
Claims must have line numbers placed in the right half of the left margin.

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).

Jump to MPEP Source · 37 CFR 1.436Patent Cooperation TreatyArticle 19 Amendment ScopePCT Claims Format
StatutoryInformativeAlways
[mpep-1824-fcf46ddd534ba263abeb6fb6]
Multiple Dependent Claims Permitted Only In Alternatives
Note:
The rule permits multiple dependent claims in international applications if they are alternatives and not a basis for other claims, starting on new pages with line numbers in the right margin.

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).

Jump to MPEP Source · 37 CFR 1.436Patent Cooperation TreatyArticle 19 Amendment ScopePCT Claims Format
Topic

PCT Description Requirements

2 rules
StatutoryProhibitedAlways
[mpep-1824-8dbfd7328d02b7830b155dac]
Claims Must Not Refer to Description or Drawings
Note:
Claims shall not reference the description or drawings for technical features of the invention, except where absolutely necessary.

(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.”

Jump to MPEP SourcePCT Description RequirementsPCT Description and ClaimsPCT Drawings
StatutoryRequiredAlways
[mpep-1824-b736663c7881b5e055ccc748]
Claims Must Be Fully Supported by Description
Note:
PCT claims must clearly describe the invention and be fully supported by the description.

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”).

Jump to MPEP Source · 37 CFR 1.436PCT Description RequirementsPCT Description and ClaimsArticle 19 Amendment Scope
Topic

PCT Claims Format

2 rules
StatutoryRecommendedAlways
[mpep-1824-576602d3760b48db9b7036ca]
Reference Signs Not Required for Better Understanding
Note:
Claims should not include reference signs if they do not facilitate quicker understanding.

(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.

Jump to MPEP SourcePCT Claims FormatArticle 19 Amendment ScopePublication Language
StatutoryInformativeAlways
[mpep-1824-bfd73fdaa09a7f9f029876bc]
Division of Previously Amended Claim Required
Note:
The applicant must indicate if a claim is the result of dividing a previously amended claim in the letter as required.

(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:

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

Jump to MPEP SourcePCT Claims FormatStatement Under Article 19PCT Article 19 Amendments
Topic

Publication Language

1 rules
StatutoryPermittedAlways
[mpep-1824-f6da368664e07a350107ee15]
Reference Signs May Be Removed for Publication
Note:
The designated Office may remove reference signs from claims during publication to facilitate quicker understanding.

(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.

Jump to MPEP SourcePublication LanguageInternational PublicationArticle 19 Amendment Scope
Topic

Nationals and Residents

1 rules
StatutoryRequiredAlways
[mpep-1824-1e584d2f7ac83a9ccc4682f8]
National Utility Model Law Applies During Processing
Note:
A designated State may apply its national utility model law instead of specific international rules once an application is processed, provided the applicant has at least two months to adapt their application.

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.

Jump to MPEP SourceNationals and ResidentsReceiving Office (RO/US)PCT International Application Filing
Topic

Competent Authority for Rectification

1 rules
StatutoryInformativeAlways
[mpep-1824-944e12d5126e2d89f225266b]
Procedure for Rectifying Obvious Mistakes in Claims
Note:
Explains how to correct obvious mistakes in claims without affecting the international filing date, except under specific conditions.

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.

Jump to MPEP Source · 37 CFR 1.436Competent Authority for RectificationObvious MistakesPCT Rectification of Mistakes

Citations

Primary topicCitation
Article 19 Amendment Scope
Patent Cooperation Treaty
35 U.S.C. § 112
37 CFR § 1.436
Article 19 Amendment Scope
Competent Authority for Rectification
MPEP § 1836
Article 19 Amendment Scope
Patent Cooperation Treaty
PCT Rule 11.6(e)
Article 19 Amendment ScopePCT Article 19
Article 19 Amendment Scope
Competent Authority for Rectification
PCT Rules 4.18
Article 19 Amendment Scope
PCT Description Requirements
Patent Cooperation Treaty
PCT Rule 6.4(a)

Source Text from USPTO’s MPEP

This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.

BlueIron Last Updated: 2025-12-31