Is it acceptable to reference limitations from another claim?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30

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.

Yes, referencing limitations from another claim is generally acceptable. According to MPEP 2173.05(f):

“A claim which makes reference to a preceding claim to define a limitation is an acceptable claim construction which should not necessarily be rejected as improper or confusing under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.”

This means that patent applicants can refer to limitations in other claims without automatically causing indefiniteness issues.

Topics: MPEP 2100 - Patentability MPEP 2173.05(F) - Reference To Limitations In Another Claim Patent Law Patent Procedure
Tags: Aia Practice