How should references to other claims be formatted in patent applications?
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.
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Topics:
Patent Law,
Patent Procedure