What is the proper format for a multiple dependent claim?

Multiple dependent claims have specific formatting requirements as outlined in MPEP 608.01(m). The MPEP states:

A multiple dependent claim may refer in the alternative to more than one preceding independent or dependent claim in the specification. The second (or subsequent) independent claim of the claim set should not refer to any other claim of the claim set. A multiple dependent claim shall contain a reference, in the alternative only, to more than one claim previously set forth. In any multiple dependent claim, only one set of alternatives may be claimed.

To properly format a multiple dependent claim:

  • Refer to previous claims in the alternative (e.g., ‘according to claim 1 or claim 2’)
  • Include only one set of alternatives
  • Ensure it does not serve as a basis for any other multiple dependent claim

For example: ‘The device according to claim 1 or claim 2, further comprising…’

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Topics: Patent Law, Patent Procedure