What are the differences between U.S. and international practice regarding multiple dependent claims?

What are the differences between U.S. and international practice regarding multiple dependent claims?

There are significant differences between U.S. and international practices for multiple dependent claims:

  • U.S. practice is more restrictive, not allowing multiple dependent claims to depend on other multiple dependent claims.
  • Many foreign patent offices allow multiple dependent claims to depend on other multiple dependent claims.
  • The U.S. requires alternative language in multiple dependent claims, while some foreign offices allow cumulative dependencies.

The MPEP 608.01(n) states:

“The treatment of multiple dependent claims in the U.S. is different from that in other countries. In the United States, a multiple dependent claim may not depend upon another multiple dependent claim, either directly or indirectly.”

This difference is crucial for patent applicants to understand when drafting claims for both U.S. and international patent applications, as claim structures acceptable abroad may need to be modified for U.S. submission.

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Topics: Patent Law, Patent Procedure