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.
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 or 34 in the international phase that were subsequently entered in the national phase.
- “Canceled” must be used for claims canceled under a PCT Article 19 or 34 amendment in the international phase and subsequently entered in the national phase.
The MPEP provides examples to illustrate these rules. For instance: “Original claims 1-10; Article 19/34 filed with claims 1-20 listed on the replacement sheet wherein claims 1-10 were unchanged and claims 11-20 were added; the status of the claims prior to any further amendment under 37 CFR 1.121 would be as follows: claims 1-10 as “original” and claims 11-20 as “previously presented.”