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…
Read MoreHow are figures selected for inclusion with the abstract in a PCT application?
The selection of figures for inclusion with the abstract in a PCT application follows these guidelines: The applicant may suggest a figure in the request form (PCT Rule 3.3(a)(iii)). The International Searching Authority (ISA) may select a different figure if it better characterizes the invention. If no figure is useful for understanding the abstract, the…
Read MoreCan drawings or figures in a patent application introduce new matter?
Can drawings or figures in a patent application introduce new matter? Yes, drawings or figures can introduce new matter in a patent application. The MPEP 608.04 addresses this issue: ‘In establishing a disclosure, applicant may rely not only on the description and drawing as filed but also on the original claims if their content justifies…
Read MoreCan a claim refer to figures or tables in the specification?
According to MPEP 608.01(m), claims should not refer to figures or tables in the specification unless absolutely necessary. The MPEP states: Where possible, claims are to be complete in themselves. Incorporation by reference to a specific figure or table ‘is permitted only in exceptional circumstances where there is no practical way to define the invention…
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