What is the ‘necessity doctrine’ in relation to incorporating figures or tables in patent claims?

The ‘necessity doctrine’ refers to the principle that incorporating figures or tables into patent claims by reference should only be done when absolutely necessary. According to MPEP 2173.05(s), “Incorporation by reference is a necessity doctrine, not for applicant’s convenience.“

This doctrine emphasizes that referencing figures or tables in claims should be a last resort, used only when there is no practical way to define the invention using words alone. It’s not meant to be a shortcut for patent applicants but rather a solution for truly exceptional circumstances where verbal description is inadequate or less clear than a visual representation.

To learn more:

• necessity doctrine
• incorporation by reference
• patent claims
• MPEP 2173.05(s)