Can a dependent claim refer to more than one preceding claim in a patent application?
Can a dependent claim refer to more than one preceding claim in a patent application?
Yes, a dependent claim can refer to more than one preceding claim in a patent application, but there are specific rules governing such references. According to MPEP 608.01(n):
‘A claim which depends from a dependent claim should not be separated by any claim which does not also depend from said dependent claim. It should be kept in mind that a dependent claim may refer to any preceding independent claim. In general, applicant’s sequence will not be changed.’
Key points to remember:
- A dependent claim can refer to multiple preceding claims, but only in the alternative (using ‘or’).
- Multiple dependent claims must be carefully constructed to avoid improper dependencies.
- The order of claims should be maintained to ensure clarity and proper dependency structure.
Proper referencing in dependent claims helps maintain a clear and logical claim structure in the patent application.
To learn more:
Topics:
Patent Law,
Patent Procedure