What are the requirements for a proper dependent claim?

According to MPEP 608.01(n), a proper dependent claim must meet the following requirements:

1. It must contain a reference to a previous claim in the application.
2. It must specify a further limitation of the subject matter claimed.
3. It must include all the limitations of the claim from which it depends.

The MPEP states: “Following the statute, the test as to whether a claim is a proper dependent claim is that it shall include every limitation of the claim from which it depends and specify a further limitation of the subject matter claimed.”

If a dependent claim does not comply with these requirements, it may be rejected under 35 U.S.C. 112(d) as being of improper dependent form.

To learn more:

• dependent claims
• patent claims
• claim drafting
• patent application