What is a multiple dependent claim?

A multiple dependent claim is a dependent claim that refers back in the alternative to more than one preceding independent or dependent claim. According to MPEP 608.01(n), “35 U.S.C. 112(e) authorizes multiple dependent claims in applications as long as they are in the alternative form (e.g., ‘A machine according to claims 3 or 4, further comprising —‘).”

Multiple dependent claims must be in the alternative form and cannot refer to other multiple dependent claims. They are subject to additional fees and specific formatting requirements.

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Topics: Patent Law, Patent Procedure