Can claims in a PCT application refer to the description or drawings?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. According to MPEP 1824 , claims in a PCT application should generally avoid referring to the description or drawings. However, there are some exceptions: References to the description or drawings are allowed when absolutely necessary Technical features in claims can be followed by reference signs relating to drawings Reference signs should preferably be placed between parentheses The MPEP cites PCT Rule 6.2 , which states: “ 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.’ “ Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Claims Must Not Refer to Description or Drawings MPEP 1824 Prohibited Claims Must Not Reference Description or Drawings MPEP 1824 Prohibited Claims Should Prefer Parentheses for Reference Signs MPEP 1824 Required Claims Must Follow Technical Features with Reference Signs MPEP 1824 Required Claims Must Be Defined by Technical Features MPEP 1824 Required Reference Signs Not Required for Better Understanding MPEP 1824 Recommended Reference Signs May Be Removed for Publication MPEP 1824 Permitted Characterizing Portion Must State Technical Features MPEP 1824 Claims Must Be Fully Supported by Description MPEP 1824 Required No Re numbering When Claim Cancelled MPEP 1824 Required Other Related FAQs 5 FAQs Collapse How can claims be amended in a PCT application? How should claims be numbered in a PCT application? What are the main requirements for claims in a PCT application? What is the recomm...