What is the recommended structure for claims in a PCT application?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27

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.

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.

Tags: Claim Structure, International Patent, pct claims