When can referencing limitations from another claim lead to rejection?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29

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.

While referencing limitations from another claim is generally acceptable, there are situations where it can lead to rejection. According to MPEP 2173.05(f):

“However, where the format of making reference to limitations recited in another claim results in confusion, then a rejection would be proper under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.”

This means that if the way a claim references another claim creates ambiguity or uncertainty about the claim’s scope, it may be rejected for indefiniteness. Patent drafters should ensure that references to other claims are clear and do not introduce confusion.

Topics: MPEP 2100 - Patentability MPEP 2173.05(F) - Reference To Limitations In Another Claim Patent Law Patent Procedure
Tags: Aia Practice