How 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 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.”
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