How should references to other claims be formatted in patent applications?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09
This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
When referring to other claims in a patent application, specific formatting rules must be followed according to MPEP 608.01(m):
- References to other claims must be in the alternative only.
- Dependent claims should refer to a preceding claim.
- Claims should refer to other claims by number, not by the order they appear.
The MPEP states:
‘Reference to other claims should be in the alternative only. See 37 CFR 1.75(c). A form of claim that may be used is as follows: ‘A machine according to claim 3 or 4, further comprising —‘.’
Proper referencing ensures clarity and prevents confusion about the scope and dependencies of claims.
Topics:
Patent Law
Patent Procedure