How do dependent claims affect claim interpretation and infringement analysis?

How do dependent claims affect claim interpretation and infringement analysis?

Dependent claims play a crucial role in claim interpretation and infringement analysis:

• They narrow the scope of the independent claim they depend on by adding additional limitations.
• Infringement of a dependent claim automatically implies infringement of its parent claim(s).
• They can provide fallback positions if the independent claim is found invalid or not infringed.

The MPEP 608.01(n) explains:

“A dependent claim includes all the limitations of the claim from which it depends. The dependent claim is construed to include all the limitations of the independent claim plus those of the dependent claim.”

This principle is essential in patent litigation and licensing negotiations. It means that while a dependent claim is narrower in scope, it can provide additional protection and strategic advantages in enforcing patent rights.

To learn more:

• dependent claims
• claim interpretation
• infringement analysis
• patent litigation