PCT AG-IP 5.112 How must claims be drafted?

Article 6
Rule 6.1

5.112.   How must claims be drafted?  The claim or claims must “define the matter for which protection is sought.” Claims must be clear and concise.  They must be fully supported by the description.  Rule 6 contains detailed requirements as to the number and numbering of claims, the extent to which any claim may refer to other parts of the international application, the manner of claiming, and dependent claims.  As to the manner of claiming, the claims must, whenever appropriate, be in two distinct parts;  namely, the statement of the prior art and the statement of the features for which protection is sought (“the characterizing portion”).

Rule 6.4(a)

5.113.   In principle, under the PCT, any dependent claim which refers to more than one other claim (“multiple dependent claim”) must refer to such claims in the alternative only, and multiple dependent claims cannot serve as a basis for any other multiple dependent claim.  However, the national laws of most Contracting States permit a manner of claiming which is different from that provided for in the preceding sentence, and the use of that different manner of claiming is in principle also permitted under the PCT.  For the purposes of those designated States where that different manner of claiming is not permitted, the applicant must decide which drafting style to adopt.  If that different manner of claiming is used, amendments may need to be made to the claims during the national phase in those States which do not permit it.  Moreover, the national Offices of such States, when they act as International Searching Authorities, may indicate under Article 17(2)(b) that a meaningful search could not be carried out if that different manner of claiming is used (see paragraph 7.014).

Source: http://www.wipo.int/pct/en/appguide/text.jsp?page=ip05.html

Date retrieved: 02 November 2015

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