What is undue multiplicity in patent claims?
Undue multiplicity in patent claims refers to an unreasonable number of repetitious and multiplied claims that confuse rather than clarify the invention. As stated in MPEP 2173.05(n):
“Where, in view of the nature and scope of applicant’s invention, applicant presents an unreasonable number of claims which are repetitious and multiplied, the net result of which is to confuse rather than to clarify, a rejection on undue multiplicity based on 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph, may be appropriate.”
This concept aims to balance the applicant’s right to define their invention with the need for clear and concise patent claims.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2173.05(N) - Multiplicity,
Patent Law,
Patent Procedure