What are the requirements for proper dependency in multiple dependent claims?

What are the requirements for proper dependency in multiple dependent claims?

Multiple dependent claims must meet specific requirements for proper dependency:

• They must refer back to previous claims in the alternative only.
• A multiple dependent claim cannot serve as a basis for any other multiple dependent claim.
• They must be written in a form that includes all limitations of each of the claims to which it refers.

The MPEP 608.01(n) states:

“A multiple dependent claim may refer in the alternative to only one set of claims. A claim such as ‘A machine according to claims 3 or 4, further comprising —‘ is improper.”

This means that a multiple dependent claim must clearly specify the alternative dependencies and cannot mix single and multiple dependencies in the same claim.

To learn more:

• multiple dependent claims
• claim dependency
• patent application
• claim drafting