What is the recommended order for elements in an independent 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.

The MPEP provides guidance on the recommended order for elements in an independent claim, particularly for improvements. According to 37 CFR 1.75(e), the recommended order is:

1. A preamble comprising a general description of all conventional or known elements or steps of the claimed combination.
2. A phrase such as “wherein the improvement comprises.”
3. The elements, steps, and/or relationships that constitute the new or improved portion of the claimed combination.

The MPEP states: “Where the nature of the case admits, as in the case of an improvement, any independent claim should contain in the following order: (1) A preamble comprising a general description of all the elements or steps of the claimed combination which are conventional or known, (2) A phrase such as ‘wherein the improvement comprises,’ and (3) Those elements, steps, and/or relationships which constitute that portion of the claimed combination which the applicant considers as the new or improved portion.”

This structure helps clearly distinguish the novel aspects of the invention from the prior art.