What is the recommended structure for claims in a PCT application?
The recommended structure for claims in a PCT application, as outlined in MPEP 1824, includes:
- A statement of technical features that are part of the prior art
- A characterizing portion stating the features for which protection is sought
The MPEP cites PCT Rule 6.3, which states: “Whenever appropriate, claims shall contain: (i) a statement indicating those technical features of the invention which are necessary for the definition of the claimed subject matter but which, in combination, are part of the prior art, (ii) a characterizing portion – preceded by the words ‘characterized in that,’ ‘characterized by,’ ‘wherein the improvement comprises,’ or any other words to the same effect – stating concisely the technical features which, in combination with the features stated under (i), it is desired to protect.“
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