What are the requirements for a proper dependent claim?

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.

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.