How should a dependent claim be written to properly incorporate limitations from its parent claim?

How should a dependent claim be written to properly incorporate limitations from its parent claim?

To properly incorporate limitations from a parent claim, a dependent claim should be written following these guidelines:

1. Reference the parent claim: Begin the dependent claim by referring to the parent claim by number (e.g., “The device of claim 1, wherein…”).
2. Use incorporating language: The preamble should implicitly or explicitly incorporate the limitations of the parent claim.
3. Add further limitations: Specify additional limitations that narrow the scope of the parent claim.
4. Avoid repetition: Don’t repeat limitations already present in the parent claim.

The MPEP 608.01(n) states:

“The U.S. Court of Appeals for the Federal Circuit indicated that a dependent claim must be construed to incorporate by reference all the limitations of the claim to which it refers.”

This means that even if not explicitly stated, all limitations of the parent claim are considered part of the dependent claim. By following these guidelines, you ensure that your dependent claims are properly structured and fully compliant with USPTO requirements.

To learn more:

• dependent claims
• claim drafting
• patent application
• claim limitations