How should multiple dependent claims be formatted in a patent application?

How should multiple dependent claims be formatted in a patent application?

Multiple dependent claims in patent applications must follow specific formatting rules as outlined in MPEP 608.01(m). The MPEP states:

‘A multiple dependent claim may refer in the alternative to only one set of claims. A claim such as ‘A machine according to claims 3 or 4, further comprising —‘ is improper. Additionally, a multiple dependent claim may not serve as a basis for any other multiple dependent claim, either directly or indirectly.’

Key formatting requirements include:

• Multiple dependent claims must refer to other claims in the alternative only.
• They should use the phrase ‘according to’ followed by claim numbers (e.g., ‘according to claims 1, 2, or 3’).
• Each multiple dependent claim must be considered in combination with every claim to which it refers.
• The claim fee for a multiple dependent claim is calculated based on the number of claims it incorporates.

Proper formatting ensures clarity and compliance with 37 CFR 1.75(c), which governs multiple dependent claims.

To learn more:

• multiple dependent claims
• patent application
• MPEP 608.01(m)

To learn more:

• claim format