What are the exceptions to the rule against incorporating tables or figures into claims?

While the MPEP generally discourages incorporating tables or figures into claims, there are two main exceptions:

• Exception 1: When there is no practical way to define the invention in words.
• Exception 2: Where it is more concise to incorporate tables or figures by reference.

The MPEP states: Where there is no practical way to define the invention in words, a claim may incorporate tables or figures by reference, but only if the subject matter they depict is clearly described in the written description. (MPEP 2173.05(s))

It’s important to note that these exceptions are rare, and claims should generally be written in words whenever possible.

To learn more:

• claim drafting
• tables in claims
• figures in claims
• patent exceptions