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phase application include: A complete listing of all claims ever presented, including the text of all pending and withdrawn claims.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,…
Read MoreWhat markings are required for “currently amended” claims in a national phase application?
For “currently amended” claims in a national phase application, specific markings are required to indicate changes. The MPEP states: “All “currently amended” claims must include markings to indicate the changes made relative to the immediate prior version of the claims: underlining to indicate additions, strike-through or double brackets for deletions (see 37 CFR 1.121(c) for…
Read MoreHow should the status of claims be indicated in a national phase application amendment?
The status of claims in a national phase application amendment should be indicated using specific identifiers. According to the MPEP: “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number by one of the following identifiers in a parenthetical expression: (Original), (Currently Amended), (Canceled), (Withdrawn), (Previously Presented), (New), and (Not…
Read MoreHow should claims from the international phase be identified in a national phase application?
When identifying claims from the international phase in a national phase application, specific status identifiers should be used. The MPEP provides the following guidance: “Original” must be used for claims presented on the international filing date and not modified or canceled. “Previously presented” must be used for claims added or modified under PCT Articles 19…
Read MoreWhat happens if proposed amendments are not submitted in compliance with the applicable regulations?
If proposed amendments are not submitted in compliance with the applicable regulations, they will not be entered into the application. The MPEP clearly states: “Proposed amendments that are not submitted in compliance with the applicable regulations will not be entered. For example, the submission with the national phase documents of a revised set of claims,…
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