What is “double inclusion” in patent claims?

“Double inclusion” refers to the inclusion of the same element or component more than once in a patent claim. The Manual of Patent Examining Procedure (MPEP) 2173.05(o) states that there is no per se rule against double inclusion in a claim. As noted in the MPEP:

“There is no per se rule that ‘double inclusion’ is improper in a claim.”

However, the appropriateness of double inclusion depends on the specific context and language of the claim. The key consideration is whether the double inclusion leads to indefiniteness or uncertainty in the claim’s scope.

To learn more:

• double inclusion
• patent claims
• claim drafting
• indefiniteness
• claim construction