What is the ‘necessity doctrine’ in relation to incorporating figures or tables in patent claims?
The ‘necessity doctrine’ refers to the principle that incorporating figures or tables into patent claims by reference should only be done when absolutely necessary. According to MPEP 2173.05(s), “Incorporation by reference is a necessity doctrine, not for applicant’s convenience.“ This doctrine emphasizes that referencing figures or tables in claims should be a last resort, used…
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