Go to MPEP - Table of Contents
6.3 Manner of Claiming - Patent Cooperation Treaty
§ 6.3 Manner of Claiming
(a) The definition of the matter for which protection is sought shall be in terms of the technical features of the invention.
(b) 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.
(c) Where the national law of the designated State does not require the manner of claiming provided for in paragraph (b), failure to use that manner of claiming shall have no effect in that State provided the manner of claiming actually used satisfies the national law of that State.
Go to MPEP - Table of Contents