When is it acceptable to reference figures or tables in patent claims?

Referencing figures or tables in patent claims is generally discouraged, as claims should be complete in themselves. However, the MPEP 2173.05(s) states that it is permitted “only in exceptional circumstances where there is no practical way to define the invention in words and where it is more concise to incorporate by reference than duplicating a drawing or table into the claim.“

The MPEP emphasizes that this is a “necessity doctrine, not for applicant’s convenience.” This means that referencing figures or tables should be a last resort when it’s impossible to describe the invention adequately using words alone.

To learn more:

• patent claims
• figures
• tables
• incorporation by reference
• claim drafting